Swedish regulator appeals after court quashes €9.1m fine against gambling operator
The regulator says the Administrative Court’s ruling conflicts with previous court decisions.
Sweden.- The Swedish gambling regulator Spelinspektionen has confirmed that it will appeal against a court ruling that quashed a €9.1m fine issued against Svenska Spel. The regulator issued the penalty in March 2024 for deficiencies in the state-controlled gambling operator’s duty of care, but the Administrative Court decided earlier this month that the fine was disproportionate.
In its appeal, Spelinspektionen argues that the conclusion conflicts with previous court decisions and the Swedish Gambling Authority’s own assessment of the scope of the duty of care. It noted that the court had agreed with the regulator’s assessment that all customers examined had excessive gambling. However, the Administrative Court found that the regulator had not shown that Svenska Spel had failed in its duty of care in such a way as to constitute grounds for intervention.
“The Administrative Court’s judgment incorrectly assumes that the duty of care under Chapter 14, Section 1 of the Gambling Act does not contain any concrete directives for action,” the regulator argues. “The Swedish Gambling Authority considers that the provision places clear requirements on a licensee. A licensee must promptly take active measures to protect players against excessive gambling.
“A licensee must also continuously monitor extensive gambling and, if necessary, take measures at the same pace as the gambling occurs. A licensee must also voluntarily limit gambling to counteract the damage that excessive gambling can cause.”
It said that the customers examined, one of whom was a young person, had gambled extensively and lost significant amounts over a short period of time. In some cases, the losses correspond to a large part of the customer’s taxable annual income. However, the company’s measures mainly consisted of warnings and informative messages.
“The Swedish Gambling Authority assesses that Svenska Spel Sport & Casino neither continuously followed up on the customers examined nor taken necessary and individualised measures to limit their gambling,” it said.
It concluded: “The Swedish Gambling Authority believes that the Administrative Court has assessed Svenska Spel Sport & Casino in a completely different way than other sanctioned licensees.”
