European Commission Rules in EGBA’s Favour in Netherlands State Aid Case

Summary

The European Gaming and Betting Association (EGBA) has confirmed that the Court of Justice of the European Union (CJEU) dismissed the Netherlands’ appeal in a long-running state aid dispute. The case centres on licences reissued by the Netherlands in 2014 without a competitive tendering process, a move EGBA argued could amount to unlawful state aid.

The EU General Court previously annulled the European Commission’s 2016 decision to close the complaint without a full investigation (Case T-167/21). With the Netherlands’ appeal now dismissed, the Commission is expected to open a formal state aid investigation to examine whether the reissued licences conferred unlawful advantages.

Key Points

In 2014 the Netherlands extended several monopoly betting and lottery licences without a competitive process.
EGBA filed a complaint to the European Commission in 2016 alleging a breach of EU state aid rules.
The Commission initially closed the file without a formal investigation; EGBA appealed to the CJEU in 2021.
The EU General Court annulled the Commission’s decision in 2023, finding the Commission had not properly investigated (Case T-167/21).
The Netherlands’ subsequent appeal has now been dismissed, and the Commission is expected to examine the matter properly and may open a state aid probe.

Context and Relevance

This ruling is significant for the regulated gambling sector across the EU because it reinforces the Commission’s duty to investigate potential state aid before closing complaints. It underscores that member states must follow fair, open and competitive tendering when issuing licences, or risk EU scrutiny.

For operators and trade associations, the outcome could change the competitive landscape in the Netherlands if an investigation finds unlawful aid. For regulators and policymakers, it sets a precedent about procedural thoroughness in state aid assessments and may encourage closer oversight of licensing processes in other member states.

Why should I read this?

Short version: regulators have been put on notice. If you care about fair competition, market access or the regulatory health of the iGaming sector, this could directly affect licences, operator positions and future tenders in the Netherlands — and possibly beyond. Worth a skim if you follow EU regulatory moves; worth a full read if you work in the sector.

Author style

Punchy: this isn’t just legal wrangling — it’s a potential turning point for how licence awards are scrutinised in the EU. Operators, advisers and investors should pay attention to the follow-up investigation.