The "Act of 7 May 2019" amended the "Act of 7 May 1999 on games of chance, betting, gaming establishments and the protection of players". It also added "Article 37/1" to the "Act of 19 April 2002 rationalising the operation and management of the National Lottery", which affected a number of provisions of the Gambling Act.
As a result, several private gambling operators filed an appeal for annulment with the Constitutional Court.
On 9/12/2021, the Constitutional Court passed judgment.
The following articles were declared null and void:
- Articles 4 and 21, 3° and 4° of the Act of 7 May 2019.
The following article was partially annulled:
- Article 31 of the Act of 7 May 2019.
The following legal provisions were thus annulled:
- the legislative provision providing for an exception to the Gambling Act for international passenger ships organising games of chance and betting on board (Article 3ter),
- the legislative provision concerning the conditions for organising bets on horse races (Article 43/2§2),
- the legislative provision relating to the payment of a fee between the holder of an F1P licence who wishes to organise bets on some or all of the horse races held in Belgium or abroad and the racing association which organises the race(s) in question (Article 43/2§3),
- the legal provision concerning the registration of players in a register which must be kept by gaming establishments and the retention of a copy of the identity card which served to identify the player (Article 62), but only concerning the fact that no maximum period of retention of these personal data and of the copy of the identity card is specified.