6 6 June 2007

News:

The European Commission told the United States' representatives on the World Trade Organization (WTO) that it intends to negotiate with them to secure compensation for the United States' ban on internet gambling,which does not comply with global trade rules, a Commission spokesperson confirmed.

A Spanish communications watchdog has asked the Spanish government to investigate the legality of bwin's recent sponsorship deal with Primera División champions Real Madrid.

The Swedish government has commissioned a report assessing the problems of gambling addiction. The report will also consider the benefits of a ban on 'aggressive' advertising by foreign and state operators.

Features:

The European Commission's and Antigua and Barbuda's claims for trade sanctions on the United States for failing to comply with its commitments under the General Agreement on Trade in Services (GATS), will test the WTO's ability to police international trade.

The US has been considering options which would allow states to regulate and tax internet gambling, as illustrated by a number of Bills recently introduced to Congress. Rick Smith, Head of Government Affairs, Policy and Regulation with UC Group Limited, explains that with support, two of these Bills could shift US policy towards moving internet gambling from the unregulated underground to a safe and secure, well-regulated environment.

The Maltese Court of Appeal's decision that French court judgments against Zeturf cannot be enforced under Council Regulation 44/2001/EC, highlighted the difficulty of enforcing judgments against remote gambling operators based overseas under EU law. Brigitte Zammit and Dr Franco Vassallo, of Mamo TCV Advocates, highlight potential issues with the judgment and explains how it does not mean that the French judgments cannot be enforced under Maltese law.

In a recent case where the Mexican Congress challenged the validity of the gambling regulations made by the President on the grounds that they allowed certain services banned by national law, the Supreme Court ruled in favour of the Regulations. Luís Alejandro Bustos O., Agustin Velázquez G.L. and Álvaro Huerta examine the judgment, which has resulted in a liberal framework for gambling services in Mexico.

The decision by a number of online gambling companies, and service providers to them, to withdraw from Canada prompted speculation that the Canadian government was considering legislation. Danielle Bush, Partner, McCarthy Tetrault LLP, explains that a perceived risk of action by the US Department of Justice played more of a part in the exodus from Canada.

Linda J. Shorey, Fred D. Heather and Anthony R. Holtzman explain how US law applies to foreign-based internet gambling companies.

The annual turnover generated in the Slovak Republic by the gambling industry is approximately €882 million, an amount worth considering by online gambling operators keen to expand into new markets. Pavel Nechala, an Advocate with Pavel Nechala & Co., details the legal requirements for establishing an online gambling business in Slovakia.