by Richard van Schaik and Róbin de Wit
Yesterday, the Dutch Gaming Authority (“KSA”) granted for the first time a license since the Amsterdam District Court forced the KSA to revise its current policy on lottery licensing and to open the market to new licensees. Lottovate Nederland B.V. has been granted a license, according to which 50% of the stake should be made available to charity.
Earlier this year, Lottovate successfully challenged the strict Dutch lottery licensing system, according to which only four licenses for so called charitable lotteries were granted up and until 31 December 2016 (see our blog about this case here). A license was denied to Lottavate when it initialy applied for it. However, Lottovate stated that the Dutch policy limits the freedom to provide services under the Treaty on the Functioning of the European Union. The Amsterdam District Court decided that KSA should have taken this account. As a result of this court case, KSA set policy rules, enabling operators to apply for a charity lottery license.
Lottovate’s license has now been granted for the period 22 November 2016 until 31 December 2016. On 31 December 2016 all existing charity lotteries licenses expire. Operators can already apply for licenses starting 1 January 2017. Guidelines about the requirements for a charity lottery license can be found here.