Mansion and ComeOn fail in appeals against Dutch fines

Mansion and ComeOn fail in appeals against Dutch fines

Monday, October 1, 2018 Posted by News Team
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Both operators have exhausted appeals process and must now pay hefty fines

The Netherlands’ Council of State has rejected appeals launched by Mansion Group and ComeOn against fines handed out to each business in 2013 and 2014 respectively. 

The Council of State, the country’s highest court, has ruled that Dutch gaming regulator the Kansspelautoriteit (KSA) was justified in handing out fines of €150,000 to Mansion, operating via a subsidiary, ONISAC Ltd, and €180,000 to ComeOn operator Co Gaming. 

Mansion was fined in 2013 after it was found to have offered its services in Dutch, and allowed customers to use Dutch payment processor iDeal to deposit and withdraw funds from the site. 

Co Gaming, which has since been acquired by Sweden’s Cherry AB, was found to have even offered customer service support in Dutch, which the KSA said gave consumers the impression that it was permitted to operate in the country. 

In each case, Co Gaming and Mansion argued that the prohibition on iGaming in the Netherlands constituted a breach of the free movement of goods and services as enshrined in European Union law. 

As there was no online gaming legislation in place, also they argued that the size of the fines was unjustified.

However these arguments were rejected by the Council of State, which reiterated the KSA’s right to take action to make it impossible for unlicensed companies to operate in the Dutch market. With an appeal in the Netherlands District Court having failed last year, each company has exhausted its avenues of appeal.

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