It appears that the Austrians are intent on maintaining the Casinos Austria monopoly on internet lottery and i-gaming wagering following a High Court decision this week rejecting an appeal by online gambling companies Bet-At-Home, Lotelo and Bandal that a 15-year exclusive deal awarded to CA subsidiary Austrian Lotteries was unconstitutional.
The case has its roots in the award of the long-running exclusive contract for lottery and i-gaming last year, empowering Lotteries Austria to offer online lottery, casino and poker gambling within Austrian borders under the Win2Day brand with effect from October 2012.
The appellants, who had all submitted tenders, launched litigation against the Finance Ministry decision in the Vienna-based Constitutional Court, alleging tender drafting that favoured Austrian Lotteries and claiming that the exclusivity of the deal and the financial requirements it imposed was unconstitutional.
The Constitutional Court rejected the case put forward by the three online companies, and they appealed to the Austrian High Court, leading to this week’s decision.