The Dutch Council of State has ruled that gambling regulator Kansspelautoriteit may maintain monopoly arrangements in specific gaming segments. The decision ends JVH Gaming and Entertainment's challenge to the exclusive licences held by state-owned Lotto BV for lotteries, instant lotteries and land-based sports betting.
KSA renewed all three Lotto BV licences early this week, though the regulator would have preferred to wait for a final court verdict. The existing permits expired at the end of the year, and any delay would have created legal uncertainty. Had the ruling gone the other way, the licences could have been withdrawn.
The dispute began in 2021 when JVH — a chain of slot-machine gaming halls — applied for licences in the same categories where Lotto BV operates. KSA refused, citing the monopoly system enshrined in the 1964 Gambling Act. JVH appealed to the district court, arguing the arrangement breached EU rules on freedom of trade and services. Online gambling opened to competition in the Netherlands in 2021 under the KOA Act, and that inconsistency strengthened the plaintiff's case.
In 2024 the East Brabant district court sided with JVH, finding the monopoly disproportionate. That decision was suspended pending counter-appeals from Lotto BV and KSA. The Council of State has now overturned last year's ruling, stating that the lower court wrongly judged the restrictions disproportionate. The regulator's position stands: the monopoly is justified and proportionate.
Whether the dispute is finally settled depends on JVH and other interested parties. Online remains competitive; land-based and lotteries stay under state control.
