EU Court dismisses Dutch appeal in state aid case and rules in EGBA’s favour
Summary
The Court of Justice of the European Union (CJEU) has dismissed the Netherlands’ appeal in a state aid dispute about the 2014 extension of monopoly licences for incumbent betting and lottery operators. The judgment upholds the EU General Court’s 2023 ruling (Case T-167/21) that the European Commission failed to properly investigate EGBA’s complaint that the licence extensions were granted without an open tender process.
Background: EGBA complained in 2016 after the Dutch authorities extended licences without competitive tendering. The Commission closed the complaint in 2020 without a formal investigation. EGBA appealed to the CJEU in 2021; the General Court annulled the Commission’s decision in 2023. The Netherlands appealed that annulment, but the CJEU has now dismissed the appeal in Case C-59/24 P.
The CJEU’s ruling focuses on the adequacy of the Commission’s investigative duty: it confirms the Commission must examine all relevant aspects when assessing potential state aid. The Court did not decide whether unlawful state aid actually took place; it found only that the Commission’s prior review was insufficient and that a proper investigation is required.
Key Points
- The CJEU dismissed the Netherlands’ appeal and upheld the General Court’s 2023 annulment of the Commission’s decision.
- EGBA’s 2016 complaint challenged 2014 licence extensions that lacked an open, competitive tender process.
- The Commission closed the complaint in 2020 without a formal investigation; the General Court found that closure procedurally defective.
- The CJEU stressed the Commission must fully investigate state aid complaints and cannot shortcut its analysis.
- The Court did not rule on whether unlawful state aid was actually granted — only that the Commission’s inquiry was inadequate and may need to be reopened.
- EGBA expects the Commission to open a formal state aid investigation into the 2014 licence extensions.
Why should I read this?
If you work in gambling, regulation, public procurement or EU law — pay attention. This isn’t just legal hair-splitting: the ruling forces the Commission to do its homework on potential state aid, which could reopen scrutiny of past licence awards and affect how Member States run competitive tendering for gambling licences. Short version: it’s a win for enforcement and could matter to operators and policymakers across Europe.