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EU competition law update: CJEU upholds GC annulment re Dutch gambling State aid; AG on Lufthansa; Romanian tax question inadmissible; merger clearances; defence guidance; Servier hearing (16 Oct 2025)

Published on: 16 October 2025

Published by a LexisNexis Competition expert

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Article summary

State aid Court of Justice upholds General Court’s judgment in Dutch gambling licensing State aid case

The Court of Justice has handed down its formal ruling in Case C- 59/24 P Netherlands v European Gaming and Betting Association and Commission, concerning an appeal lodged against the General Court’s judgment in Case T- 167/21, which had entirely quashed the Commission’s 2020 decision that the renewal of Dutch gambling licences did not amount to State aid (SA.44830). The Court of Justice therefore dismissed the Netherlands’ appeal and confirmed the General Court’s judgment, leaving that outcome intact.

Background

In 2020, the Commission determined that renewing Dutch licences for sports betting, horse racing, lotteries and casinos did not fall within State aid under Article 107(1) TFEU (the Commission’s 2020 decision). It concluded that licence holders were permitted to keep only the income needed to meet costs and obtain a reasonable return, with all surplus funds transferred to entities pursuing the public interest. Accordingly, the measure did not provide any economic benefit. As a result, the Commission decided that the measure in question did not grant an advantage to its beneficiaries and therefore did not constitute State aid under Article 107(1) TFEU in full...

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