THE HAGUE, WILLEMSTAD – The Dutch Gambling Authority has rejected the argument by Curaçao-based Novatech Solutions N.V. that it could not be fined again after already paying a penalty under an earlier enforcement action.
In its decision, the regulator said Novatech had argued that imposing an administrative fine after the company had already paid a previously triggered penalty payment would violate the principle that no one should be punished twice for the same offense.
That earlier measure was a penalty order issued in October 2024, requiring the company to stop offering unlicensed online gambling to Dutch players. After later inspections showed that Dutch users were again able to register and gamble on the websites, the penalty payment became due and was eventually paid in full by Novatech.
The regulator said that payment does not prevent a separate fine. According to the Dutch authority, the earlier measure was a recovery sanction designed to force the illegal activity to stop, while the later administrative fine serves a punitive purpose and is intended to punish the violation and deter future breaches.
The authority stated that both sanctions serve different legal purposes. It argued that if only a recovery measure were possible, illegal operators could offer gambling without a license until authorities intervened, without facing a real punishment for the offense itself.
The regulator also noted that no earlier administrative fine had been imposed for the same facts and that no criminal prosecution had been launched by the Dutch Public Prosecution Service in this case.
For that reason, the Dutch Gambling Authority concluded that there was no violation of the ne bis in idem principle and that it was free to proceed with a separate administrative fine against the Curaçao company.