Abstract
This book looks at the Law and Policy on Betting and Sport in many countries around the world—sport is a global phenomenon—providing a very useful and valuable comparative survey on a subject that is so vital for safeguarding and preserving the integrity of those sports in which betting is legally allowed. The country reports show how sports-related betting is organised in the country concerned, also from a historical and policy perspective (national Lotteries Act; state run/state licenced lotteries and/or private operators; how the licensing system for public operators works; state supervisory mechanisms, etc.), and contain a treatment of the national case law.
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Notes
- 1.
It should be taken into account that despite the obvious relevance to this subject this work’s scope does not include an analysis of the implications of sports betting with regard to (i) problems related to sport-related fraud, (ii) regulations regarding money laundering, (iii) Data Protection regulations, (iv) regulations for the protection of consumers and users, (v) regulations regarding intellectual property, image rights and competition law, etc. Please note that this work is focussed exclusively on the analysis of administrative regulation of sports betting in Spain.
- 2.
Decision of the ECJ on 6th November 2003, resolving case C-243/01.
- 3.
Decision of the ECJ on 6th March 2007, resolving cases C-388/04 and C-360/04.
- 4.
As stated by the ECJ in Section 60 of the Schindler decision, the ECJ stressed that these moral, cultural or religious considerations, together with the fact that these activities move large amounts of money that could be linked to crime and fraud, justify the national authorities having the power to determine the requirements that must be fulfiled by this activity.
- 5.
According to the data provided in this article, the first ticket kept dates from November 22, 1931.
- 6.
With regard to any intellectual property rights that the creator of La Quiniela might have had, it is sufficient to say that Manuel González Lavín ended his days at a concentration camp in Sant Cyprien (France).
- 7.
As discussed later, this is maintained in current regulations.
- 8.
Based on the powers that, respectively, the Spanish Constitution granted to each of them.
- 9.
In its Article 87.5, the Law resolves to create “The Organización Nacional de Loterías y Apuestas del Estado, reporting to the Ministry of Finance and Taxation, which shall be made up of the former Patronato de Apuestas Mutuas Deportivas Benéficas and the current Servicio Nacional de Loterías, reporting to the Ministry of Finance and Taxation.”
- 10.
As shall be analysed later, it is worth noting the close link that has always existed between the jurisdictions related to the Tax Department and this game, which corresponds to its status as a state monopoly.
- 11.
Which, on the other hand, in Article 148.1.19 envisages that Autonomous Communities can assume jurisdiction in this area (The Autonomous Communities can assume jurisdiction related to the “promotion of sport and proper use of leisure facilities” as stated literally in this regulation).
- 12.
Decision of the Court of Justice passed on March 24, 1994, Schindler (C-275/92, Rec. p. I-1039).
- 13.
The ONCE is a non-profit corporation whose aim is to improve the quality of life of blind people and people with visual disabilities in Spain. It is a type of social welfare institution. Some of its charitable activities are carried out through its Foundation, which is funded with 3% of the gross sales revenue from the gambling products that the Organisation exploits with the State’s administrative authorisation. The gambling products are the ONCE’s financial powerhouse and directly or indirectly support almost 110,000 people.
- 14.
Decision number 1162/2002, dated October 24, of the Madrid High Court of Justice (Administrative Disputes Chamber, Section 9).
- 15.
Which, due to the World Cup held in Spain in 1982, was obliged to invest millions in their stadiums leading to a debt, by the middle of the 1980s, of more than 20,000 million pesetas.
- 16.
In its Additional Provision 15, the Sport Law stated that “In order to rectify the financial situation of the professional football clubs, the National Sports Council shall formulate a Corrective Plan that shall include an agreement to be signed between this body and the National Professional Football League.”
- 17.
With the only exception of the four football clubs that had a positive net balance at the time of approval of the Sport Law (Real Madrid FC, FC Barcelona, Athletic Club de Bilbao and Club Atlético Osasuna).
- 18.
In accordance with the Transitory Provision 3 of the Sport Law, “During the period of validity of the agreement and until the total extinction of the debt, the professional League shall receive and manage the following financial rights:
-
a.
Those that, for any purpose, are generated by the television broadcasting of the competitions organised by the League (by itself or in conjunction with other club associations).
-
b.
Those corresponding to the general sponsorship of these competitions.
-
c.
The 1% of the total income from sports betting controlled by the State recognised by current legislation as being assigned to the professional League.”
-
a.
- 19.
In accordance with the Transitory Provision of Royal Decree 419/1991, dated March 27.
- 20.
This being ruled afterwards by virtue of Royal Decree 258/1998, dated February 23, partially modifying Royal Decree 419/1991, dated March 27, regulating the distribution of the revenue and prize money from sports betting controlled by the State and other games managed by the ONLAE and adding additional regulations.
- 21.
- 22.
Decision number 1368/2000, dated November 2, of the Galician High Court of Justice (Administrative Disputes Chamber, Section 2), regarding the appeal made by Eurobets International Sports Betting S.A.
- 23.
- 24.
Furthermore, according to data provided by the sector (specifically, the Spanish Association of Internet Betters, AEDAPI), during the year 2007 a total of 650 million Euros were played in Spain and in business year 2008, the Internet betting business obtained results of over 200 million Euros in Spain. Furthermore, there was a noticeable increase in the importance of sports betting, which in 2009 (according to these estimates) will increase almost 30%.
- 25.
- 26.
Which is not transcribed herein, as it does not fall within the object of this article.
- 27.
“Areas not expressly attributed to the State by this Constitution may correspond to the Autonomous Communities, by virtue of their respective Statutes. Jurisdiction over areas that have not been assumed in the Statutes of Autonomy shall correspond to the State, whose regulations shall prevail, in the event of discrepancies, over those of the Autonomous Communities regarding any matters over which they do not have exclusive jurisdiction. State law shall be, in any event, complementary to the Law of the Autonomous Communities.”
- 28.
This refers to the Tax Authorities.
- 29.
For example, Article 9.32 of the Statute of Autonomy of Catalonia approved in 1979 established its exclusive jurisdiction with regard to “Casinos, gambling and betting, excluding Charitable Sports Pari-Mutuel Betting.” In turn, the new Statute of Autonomy of Catalonia approved in 2006 states, in its Article 141.1, that “The Autonomous Government of Catalonia has exclusive jurisdiction regarding gambling, betting and casinos, if the activity is carried out exclusively in Catalonia, including,” among others powers, “the creation and authorisation of gambling and betting, as well as its regulation.”
- 30.
One of main criticisms of these regulations is that it is technically very difficult, if not impossible, to fulfill this requirement.
- 31.
Clearly intending to make people confuse it with the ONCE’s coupon called “pro-ciegos.”
- 32.
Created on May 5, 1999, according to the Resolution dated June 24, 1999, of the Technical General Secretariat of the Interior Ministry.
- 33.
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Vázquez, Y., López, J., Pintó, J.J. (2011). Legal Regulation of Sports Betting in Spain and its History. In: Anderson, P., Blackshaw, I., Siekmann, R., Soek, J. (eds) Sports Betting: Law and Policy. ASSER International Sports Law Series. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-799-9_46
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