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EUROPEAN NEWS - GREECE www.euroslot-online.com
New Draft Greek gaming law
is no improvement
provisions of the EC Treaty on the free movement says Serdaris.
of goods and services. The fact that the law was
not notified at the draft stage also constituted an In particular, the Draft:
infringement of Directive 98/34/EC, which • Maintains the general prohibition of the
provides for prior notification of national amusement games games lawfully circulating in
I
n 2006, the Greek Government banned all regulations laying down technical rules for on-line other Member states
electronic games – even those purporting to be goods and services.
amusement machines. The reasoning behind this The Commission believes that the Greek • Introduces unpermitted procedures for
was that amusement machines have for many legislation is disproportionate, insofar as it applies establishment, operation and conducting of
years been a cover for unscrupulous operators to not only to equipment (slot machines) and games amusement games lawfully circulating in other
offer gambling on the sly. of chance, which might give rise to social concerns Member states.
But, as with any measure of this type, the new but also games of an entirely different nature.Now
law also penalised many innocent businesses that the Greek Government has come up with the Draft • Introduces unpermitted procedures for
were trying to make a living from genuine Provisions on Technical Games, which was filed establishment, operation and conducting of
amusement machines. As the move also coincided with the European Commission in the framework leisure games.
with the internet revolution, it made life very of Dir. 98/23 EU (notification 2008/184./GR). And
difficult for those who wanted to open and the industry, including Funworld and Nikos • Requires licenses for the conduct of professional
operate internet cafes. With Greece being such a Serdaris still believes the new provisions are in activities related to the exploitation of electric,
popular tourist destination, it is almost breach of the European Law. electromechanical and electronic amusement
unconceivable that internet cafes shouldn’t thrive This Draft is supposed to fulfill Greece’s games lawfully circulating in other Member
– but how to stop customers from playing games obligations under EU Law and under the states
online? Judgment of the ECJ in the case C-65 (26th
Leading touchscreen manufacturer Funworld October 2006), condemning Greece for the having • Imposes an unpermitted “fee for examination
took up the challenge to highlight the unfair prohibited, by the issuance law 3037/2002, all and characterization” of games lawfully
nature of the law, having always done good electric, electromechanical and electronic leisure circulating in the other Member states
business in the region through its subsidiary games. “In our view the Draft does not, by far,
Funworld Greece, run by Nikos Serdaris – an comply with EU law and proves only the • Imposes an unpermitted annual “Entertainment
industry veteran. The Funworld motto of, “No inexplicable persistence of the Greek authorities to Technical Games Fee”
gambling, violence or pornography,” highlighted maintain the prohibitions. It should be stressed
the unfairness of the ban. In addition, the that in the present case there is no issue • Permits the establishment, operation and
company’s focus on sporting achievement and an regarding to gambling games; it is a regulation conducting of the entertainment games only the
international community of players helped bolster targeting at and affecting the leisure games, only,” establishments strictly intended for playing
the games’ wholesome image. entertainment games and prohibits the
Between them Funworld and Serdaris managed conducting of entertainment games by persons
to bring the case more firmly under the eyes of under the age of 18, including the cases where
the European Commission, who agreed that the such games are rated as suitable for children.
ban was not only unfair and asked the Greek
government to make changes. Even if some concessions were to be granted to
Despite promising to amend its legislation in Greece due to the problems in the past with the
response to the Commission's reasoned opinion free circulation of leisure games – these new Draft
sent in April 2004, Greece did not introduce any provisions remain disproportionate – particularly
change until four years later. compared with the law in other Member states.
Two years ago, the European Commission “We are not against an effective control of
formally reminded the Greek government of its illegal misuse of electric, electromechanical and
obligation to lift its total ban on gaming machines, electronic games, in particular if they are
including computer games. The European Court of converted into gambling. But such a control
Justice in Case C-65/05 of 26 October 2006 ruled cannot practically eliminate the possibility of
that the Greek laws which ban the installation and conducting business with electric,
operation of all gaming machines violate a electromechanical or electronic in Greece as
number of Internal Market principles. elsewhere in the EU. Honest, effective and lawful
The Commission believed the Greek law in controls can be conceived and conducted,” says
question was not only incompatible with the Serdaris.
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SEPTEMBER 2008
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