Belgium unlocks unilateral measures to combat illegal gambling

In Belgium, the Federal Public Service of Justice (FPS Justice), has updated rules on enforcement to strengthen measures against illegal gambling. 

The updated texts were placed under Article XVII.34/1 of the Economic Code, giving any relevant party the ability to exercise ‘extraordinary powers’ against potential market infringements/threats by filing a complaint with the Brussels Commercial Court. 

Any party claiming to have identified alleged infringements related to the exploitation of illegal online games of chance—including private entities, “a management company or collective management organisation, or a professional or inter-professional association with legal personality”—can act unilaterally or as part of a collective petition to bring the issue before the court.

The President of the Brussels Commercial Court can then grant an interim order against a bad actor and any related intermediary to stop the alleged infringements – in the case that the “infringement appears clear and significant”. 

Under the updated framework, the President is obliged to render a decision within the shortest possible period – a maximum of eight working days from the initial registration of the inquiry. 

If the inquiry is instituted by a unilateral application, it will be given a “presumption of urgency”.

Any defendant retains the right to ask for a hearing into the alleged infringements by the President of the Court, in the presence of the claimant.

Similarly, the President maintains the right to order the publication of the decision online for a certain period of time. 

To provide additional information and clarification on the updated framework, Belgium’s Gambling Commission, Kansspelcommissie, will hold an online education session on 17 December.  

The updated framework follows internal calls for increased controls over illegal gambling websites, driven by a research project funded by the Ministry of Justice that constituted shortcomings in the enforcement of the country’s Royal Decree on Gambling.