In an extensive judgment of 11 February the Court of First Instance in Brussels did reject a case introduced by Bet-at-Home against the Belgian State.
Operating illegally in Belgium, Bet-at-Home was blacklisted and accordingly the Internet Service Providers ( ISP) did block the website in Belgium.
Bet-at-Home claimed that under the EU Electronic Commerce Directive and Belgian Law ( both excluding gambling) their fundamental rights of frre speech and free commerce were violated.
The Court ruled that where the ISP possible have such rights, they can not be invoked by an illegal remote gambling operator and declared the action not admissible. Further the Court decided that nobody can invioke a right in order to perpetuate an illegal activity.
Philippe Vlaemminck and Bart Heynickx of ALTIUS were among the lawyers who successfully defended the Belgian State.
The case is the second victory of the Belgian Government against illegal operators proving that the enforcement of law against illegal operators through blacklisting and website blocking is the first and most important method to protect consumers against illegal operators.
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