by Mario Alfonsi | Published on Jun 15, 2012 | Updated on Jun 15, 2012Online gambling giant bwin.party has failed in its bid to be removed from Belgium’s blacklist, meaning they will still be unable to operate in the country – and those living in Belgium will have difficulty accessing their services.The ruling comes after bwin.party challenged the Belgian Gambling Commission’s decision to put their main website, bwin.com, on the blacklist. Being on these lists not only meant that bwin.party wasn’t permitted to operate in the country, but that internet service providers in Belgium would be required to block access to their websites – effectively shutting them out of the market.Among countries that allow at least some online gambling, Belgium has one of the more restrictive sets of online poker regulations in Europe. There are only a handful of sites that have been given licenses to operate in the country, such as PokerStars and a site operated by Partouche. Meanwhile, top sites like Party Poker and 888 Poker have been denied access, along with many other operators.The case was heard by the Court of First Instance in Brussels. The decision was applauded by the legal representation for the Belgian Gambling Commission.“The Gaming Commission’s blacklist is an effective and legal means of informing the public that certain websites do not meet the legal requirements and are therefore illegal,” said Philippe Vlaemminick, part of ALTIUS, a large independent law firm in Belgium that represented the Gambling commission in the case.“If is furthermore only normal that an online gambling operator that willfully chose to undertake illegal activities cannot expect protection from the Belgian courts,” he added. “Had the court granted bwin.party’s request, it…would have been a slippery slope leading to all sorts of abuses. Those who choose to operate outside the law cannot then claim its protection.”Belgium initially placed bwin.party on their online blacklist due to their decision to operate in the country without a license. That led to a flurry of lawsuits and countersuits, with bwin.party claiming that being placed on the blacklist would lead to considerable damage to their brand. Many operators have questioned whether Belgium’s regulations pass muster under EU law, though they have so far gone largely unchallenged.
