THE HAGUE, WILLEMSTAD – A group of gambling companies, including several with ties to Curaçao, has lost a multi-million-euro appeal case against the Dutch State, in a ruling that reinforces the legality of past enforcement actions against online gambling operators.
The Court of Appeal in The Hague ruled that the Netherlands’ former blanket ban on online gambling was lawful, dismissing all claims brought forward by the companies. The lawsuit included demands for financial compensation as well as a request for the retraction of a public statement issued by the Dutch Public Prosecution Service.
The case centers on activities between 2007 and 2014, a period during which offering online gambling services in the Netherlands was strictly prohibited. Despite this, several companies—including Curaçao-based entities such as Nijlandia, Mitasco, and Spin Loop—operated online casinos targeting Dutch customers from abroad.
In 2019, Dutch authorities launched a large-scale criminal investigation into alleged illegal gambling, money laundering, and participation in a criminal organization. As part of that investigation, more than €100 million in assets were seized.
The companies argued that the Dutch ban violated European Union law, specifically the principle of free movement of services. According to the claimants, the prohibition was unjustified and therefore unlawful, entitling them to compensation for damages suffered.
However, the court rejected this argument, stating that EU member states retain broad discretion when regulating gambling markets. Judges concluded that the Netherlands was justified in maintaining a total ban at the time, citing the need to protect consumers and prevent fraud and gambling addiction.
The court further ruled that even if the policy was not perfectly enforced in practice, that does not invalidate its legality. What matters, according to the judges, is whether the policy was suitable in principle to achieve its objectives—something the court found to be the case.
In addition to financial claims, the companies sought a rectification of a 2021 press release by the Public Prosecution Service, in which they were mentioned as suspects. This request was also denied. The court found that the statement had been carefully worded, clearly referred to suspicions rather than proven facts, and did not directly identify individuals.
The ruling confirms that the actions taken by Dutch authorities against illegal online gambling operators were lawful, meaning that both the ongoing criminal investigations and the asset seizures remain valid.
The decision is particularly significant for Curaçao, where several of the companies involved are registered and where the online gambling sector plays a major role in the local economy. The outcome may have broader implications for how Curaçao-based operators are viewed and regulated internationally, especially in relation to European markets.