The latest decision in the criminal case involving former Mr. Bookmaker Chief Executive Didier Dewyn could bode well for cross-border commercial operators in Europe. IGN spoke with Evelyn Heffermehl, a lawyer with the Brussels branch of Ulys, about the decision and what it could bring by way of impact to the foundations of French gambling law.
IGN: Which French court is the case in currently? What is the function of this court?
Evelyn Heffermehl: Here is what we can say concerning the possible impact of the Dewyn decision, which was rendered by the Instruction Chamber of the Court of Appeal of Versailles.
The instruction chamber is the court that verifies the legal consistency of criminal proceedings -- for instance, whether the acts of an investigating judge are legally founded, i.e., an arrest warrant. The instruction chamber decides whether to refer the case to a criminal court or whether to close a case -- for instance on lack of evidence -- but it does not decide on the merits.
IGN: What has the chamber court recommended?
EH:The instruction chamber asked the juge d’instruction -- the judge in charge of investigating criminal cases -- to investigate further on grounds of European law, which actually leaves the door open to challenging the French legislation’s consistency with EU law, should the judge come back with convincing elements.
IGN: What impact, if any, could the chamber court's decision have on current French policy on gambling?
EH: Its decision encourages the judge in its investigation to audition those government representatives in charge of gaming in order to know whether the restrictions are consistent with EU Law.
This is likely to put some pressure up on the reform process. Indeed, no criminal investigation can go on as long as the legal situation is not clarified at a political level. In any case, should an opening of the market take place -- very likely -- and Unibet be an authorized operator in France, these proceedings will be closed.
IGN: Will the European Commission have any peripheral involvement in this case?
EH: Yes, the commission is likely to put up pressure on France’s reform obligation following the ruling.
IGN: Big picture, what could be considered the take-home message of these proceedings?
EH: All in all, the decision will probably have as its main effect to urge politicians to quickly clarify the legal situation of online gaming, especially in view of those pending criminal proceedings.
Chris Krafcik is the editor of IGamingNews. He lives in St. Louis, Mo.