Poland’s Top Court Rules On The Compatibility Of The Polish Gambling Act With European Union Law – Gaming – European Union – mondaq.com

07 October 2022

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Poland's Naczelny Sad Administracyjny (NSA), thecountry's Supreme Administrative Court, has published itsjudgment on potential incompatibilities between the Polish GamblingAct and European Union law. This judgment had been eagerlyanticipated by foreign operators who were hoping for a change tothe law governing the register of web domains used to offergambling services.

In Judgments made in May 2022 (case file: II GSK 1828/1and June 2022 (case file: II GSK 1974/18)the NSA laid out its interpretation of the provisions of the Treatyon the Functioning of the European Union (TFEU) and, inter alia,Article 56, Article 267 TFEU and Article 15f(4) and (6) to (10) ofthe Polish Act of 19 November 2009 on gambling games (i.e. Journalof Laws of 2022, item 888, as amended (The Act). It ruledthat the Polish Act was compliant with the provisions ofthe TFEU.

What did the cases in question involve?

The NSA's judgements

In summary, as ruled by the NSA, the Polish state monopoly oncertain gambling games introduced in the 2017 by amendment to theAct and the mechanism for entry into the Register of ProhibitedDomains is in line with European Union law and CJEU case law.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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Poland's Top Court Rules On The Compatibility Of The Polish Gambling Act With European Union Law - Gaming - European Union - mondaq.com