The Belgian Constitutional Court has partially annulled a 2024 gambling reform. It ruled that identity checks must be extended to bars and restaurants and found that the National Lottery receives unjustified preferential treatment in its online gambling operations.
Private gambling operators argued that the National Lottery should not be exempt from EPIS self-exclusion checks or from the increased minimum gambling age of 21.
The Court agreed in part. It upheld the exemption for physical products such as scratch cards, which are considered less addictive, but ruled that online lottery games should be subject to the same rules as private operators.
The Court also ruled that exemptions granted to cafés and bars from EPIS identity checks were unconstitutional. It said that these environments carry a clear risk of gambling addiction and ordered that the rules be extended to them.
However, it granted a transition period, allowing the current system to remain in place until 31 December 2027, so the sector can adapt.
The legislature has until 31 December 2026 to correct the legal inconsistencies.
Starting 1 June, the Belgian Gambling Commission, Kansspelcommissie, will come under the authority of the Federal Public Service (FPS) Economy and will be supervised by the Minister of Economy.
The Belgian Chamber of Representatives approved this change in a plenary session. Previously, the commission was under the FPS Justice and the Minister of Justice.
This move is based on the belief that gambling is no longer just a matter of public order, but has become a significant economic sector with considerable economic impact.
Recent research from Ghent University suggests that the stricter rules on gambling advertising in Belgium have so far had a limited effect on gambling behaviour
