All gambling is regulated and controlled, and since the Roman Empire.
French law prohibits, in principle, the organization of gambling and horse paris (except ARPU). As for other sports paris, they are reserved for the French game, which also holds a monopoly on lotteries.
Contests and Free Lottery
Games of skill, namely those that involve general knowledge or the wisdom of the player rather than chance are legal.
Every case will be assessed on a case by case basis. In addition, lotteries are legal if they are free. However, in the case of lotteries “free” organized by mail, telephone or Minitel, the courts have held that the mere cost of postage or the telephone call was a “participation fee” sufficient to make the lottery and therefore expensive illegal.
That’s why the website operators and sweepstakes via SMS devised to offer players a refund of their connection fees or postage.
Even in the case of free lotteries, rules apply, from the Consumer Code. Thus, a regulation must be filed with a bailiff. It will reproduce the following statement: “The settlement is sent free of charge, to anyone who requests it”, and specify also the address where the request can be sent and the name of the officer to whom the regulation was filed.
In practice, the regulation will also be published on the website of the organizer.
Casino games
The texts specify what is allowed, the rest are by definition prohibited.
It must be an adult, so have at least 18 years to enter a casino. Emancipated minors are not allowed to enter the playroom. The state does not authorize the provision of suitable places for children within the institution, which can lead to awkward situations in the casinos or the entry …
Under Article 1 of 12 July 1983 on gambling, “Being involved, including as a banker, to hold a gambling house where the public is freely admitted, even when such admission is subject to the submission of an affiliate, is punishable by two years imprisonment and 30,000 euros fine. ”
It is permitted to waive this prohibition in principle to hold “house of gambling” under the conditions laid down by the Act of June 15, 1907: “… it may be granted to casinos in resorts, spas, climatic under any name that these institutions are appointed, the temporary authorization to open to the public of special premises, which are separate and distinct play certain games of chance. ”
This authorization is granted by order of the Minister of the Interior, after investigation and consideration of specifications established by the municipal council of the municipality where the casino expands, and approved by the Minister of Interior .
This exemption scheme was extended to certain conditions, by Article 57 of the Act of January 5, 1988 (the “Amendment Chaban”) to cities over 500,000 inhabitants.
The spirit of the legislation is not to allow the establishment of casinos if they contribute to the financing of cultural, artistic or public utility.
The Act of June 15, 1907 has been an implementing decree (Decree of 22 December 1959), which sets the obligations of the holder of the authorization, operation of casinos, and access conditions playrooms.
For purposes of section 22 of the decree, it has been the subject of an order of application dated 23 December 1959, which specifies the conditions for preparing and assessing applications for authorization, procedures for administration and operation of casinos and the operating rules of the game.
According to Article I of this order, “A casino is a facility consisting of three distinct activities, entertainment, food and gambling, united under a single management without any of them may be leased. ”
Border gambling in Europe: admitted to a certain extent
In a decision dated November 6, 2003 (Case Gambelli “) the Court of Justice held that a Member State (in this case Italy) can not rely on or consumer protection or the protection of the public policy (fight against money laundering and organized crime) to justify a restriction on the supply of paris from a English bookmaker operating on the internet, to the extent that:
For years, the Italian government has consistently implemented a policy to increase the supply of games to benefit operators paris Italian sports allowed. Italy thus pursues a policy aimed at more moderate gambling within its population (traditional argument advanced by Member States to justify the restrictions and prohibitions imposed on foreign competition).
English bookmaker prosecuted in Italy is subject to the licensing and strict control, which excludes any reasonable fear of money laundering and organized crime (another traditional argument advanced by Member States).
In France, sales of online casinos is a priori prohibited. Yet one can not help but note an ambivalent attitude of the French authorities, comparable to the Italian situation. Indeed, the state raises revenue Important Product games, but this activity is nevertheless seen as immoral. Meanwhile, the state, majority shareholder of the French games, led a very active development policy, such that a Senate report (report “Trucy”) speaks of “state dealer. Thus, legislation on gambling and in particular the prohibition of online casinos could be contrary to Articles 43 and 49 EC. Indeed, one can doubt the “consistent and systematic” of French policy to reduce the supply of gambling.
Note that in Germany and the Netherlands, the last case “post-Gambelli” felt that, in fact, their national laws and practices were clearly not sufficient to allow a systematic and coherent policy to reduce the supply of gambling.
In this context, very contentious and unstable, that the European Commission decided in January 2004 to ask for harmonization of specific sector. The Commission wishes to bring to gaming, lotteries and Paris by 2010. In the meantime, the Commission announced it would launch a broad consultation with stakeholders.
Stay tuned …
