Constitutional Court: National Lottery is wrongly granted exceptional status 

The National Lottery’s exceptional status within the Belgian gambling market is coming under increasing pressure. Private casinos and bookmakers must comply with strict rules regarding advertising, bonuses, age verification and excluded players. These obligations do not apply in the same way to lottery products. 

The Constitutional Court has now ruled that this distinction is not justified where online lottery products offer a comparable gaming experience and comparable risks to other online games of chance. The legislature must remedy the identified discrimination by 31 December 2026 at the latest. 

Private gambling operators subject to stricter rules 

Belgian gambling legislation was significantly tightened in 2024. The minimum age for gambling and betting was set at 21. In addition, bonuses and gifts were banned, stricter restrictions on advertising were introduced, and different types of online gambling had to be kept separate from one another. 

Private operators are no longer permitted to offer different licence categories via a single website and a single player account without further ado. As a result, funds held in a sports betting account cannot simply be used in an online casino. 

The National Lottery is subject to a different law for its lottery products. As a result, several new rules did not apply. Lotto, EuroMillions, scratch cards and online lottery games remained accessible to those aged 18 and over, whilst a minimum age of 21 applies to private casinos and bookmakers. 

Gambling Club has previously written about the difference between the age limit for casinos and that of the National Lottery. With digital products in particular, it is becoming increasingly difficult to explain why an online casino game is only available to those aged 21 and over, whilst a visually similar lottery game can be played from the age of 18. 

Online lottery games are becoming increasingly similar to casino games 

The traditional differences between a lottery and a casino game have diminished as a result of digitalisation. In a traditional lottery, a player buys a ticket and waits for a draw. Modern online lottery products use animations, sound effects, interactive game elements and instant results. 

The 2025 annual report notes that some online lottery games increasingly contain elements comparable to those found in products offered by private gambling operators. As a result, the audiovisual presentation and the gaming experience can closely resemble digital scratch cards, dice games or simple casino games. 

The discussion focuses, amongst other things, on the National Lottery’s Woohoo games. These games are legally regarded as lottery products, but their design and gameplay are, according to critics, very similar to other online games of chance. 

As a result, the legal name of a product alone can no longer be the determining factor. Where the speed, presentation and gaming experience are comparable, the risks to players may also be more similar. 

Court deems difference in treatment discriminatory 

In judgment 165/2025 of 11 December 2025, the Constitutional Court examined the differences between private providers and the National Lottery. Among other things, the case concerned the minimum age, the advertising ban, bonuses and the distinction between different categories of online games. 

The Court recognised that the National Lottery has a public mandate and allocates part of its proceeds to social causes. However, according to the Court, this public function does not mean that every difference in treatment is automatically justified. 

When the National Lottery offers online products comparable to private games of chance, the protection afforded to players must also be comparable. After all, the identity of the provider does not necessarily alter the risk involved in the game. 

The Court therefore ruled that the rules lack sufficient consistency. The legislator is introducing stricter measures to protect players at private operators, but does not always impose comparable restrictions on online lottery products that can offer the same gaming experience. 

Advertising ban does not apply in the same way 

The difference is clearly evident in advertising. Belgian casinos and bookmakers are now only permitted to advertise within limited exceptions. Personalised adverts are banned, and sports sponsorship is also being gradually restricted further. 

The background and consequences of these restrictions are described in the previous article on the Belgian ban on gambling advertising. The rules significantly limit the visibility of licensed private operators. 

The National Lottery can continue to promote its brand and lottery products under a different legal framework. According to private operators, this creates an uneven playing field. The government restricts advertising by commercial gambling companies to make gambling seem less normal, whilst campaigns for lottery products can remain much more visible. 

The Constitutional Court ruled that the advertising ban was discriminatory insofar as no comparable restrictions apply to similar online lottery products. The existing rules for private providers were not immediately repealed. The legislature was given until the end of 2026 to rectify the inequality. 

Age restrictions and bonuses also create inequality 

The same legal reasoning applies to the minimum age of 21 and the ban on bonuses and gifts. The Court did not rule that these protective measures are unreasonable in themselves. 

The problem is that comparable products are treated differently. An 18-year-old young adult may participate in online lottery games, but does not have access to an online casino or bookmaker. If both products share comparable characteristics and risks, the Court considers that there is insufficient justification for that distinction. 

As explained in the article ‘Online gambling: what might change in Belgium?’, the legislator can, in principle, choose between two approaches. Belgium could relax certain restrictions on private operators or extend comparable protective rules to online lotteries. 

For the time being, the political preference seems to lie with extending the protection. Lowering the age limit or reintroducing bonuses at private gambling operators is a politically sensitive issue. 

Excluded players can still take part in online lotteries 

A second ruling followed on 16 April 2026. The Constitutional Court then considered EPIS, the Belgian system in which excluded players are registered. 

Casinos, slot machine halls, betting shops and licensed online gambling operators must check whether a player is listed in EPIS. Anyone who has self-excluded or is listed in the system for any other reason will be denied access. 

No comparable mandatory check applied to online lottery games. As a result, a person who had self-excluded due to gambling problems could still take part in National Lottery products via the internet. 

The Court ruled that both the absence of a prior EPIS check and the lower age limit for online lotteries are discriminatory. This inequality must also be resolved by 31 December 2026 at the latest. 

This difference is significant from the perspective of player protection. The effectiveness of the Belgian EPIS list for excluded players is partly undermined when comparable online products remain outside the scope of these checks. 

National Lottery defends risk-based approach 

The National Lottery argues that lotteries and traditional games of chance should not automatically be treated as equivalent. In its view, the actual risk must be assessed on a product-by-product basis. A traditional draw such as Lotto would not have the same characteristics as a fast-paced online casino game. 

Following the ruling of April 2026, the National Lottery stated that it welcomed the Constitutional Court’s position. In its official response to ruling 45/2026, it emphasised that the Court had confirmed a risk-based approach and that the legislation would need to be amended. 

The ruling therefore does not necessarily mean that every lottery product must henceforth comply with exactly the same rules as roulette, blackjack or a slot machine. The key point is that comparable products must not be treated differently solely on the basis of the provider’s identity. 

This calls for a clear legal definition of exactly what constitutes a lottery. Without such a definition, there remains scope to legally classify modern online games as lotteries, even though the player’s experience is very similar to that of a casino game. 

Bill aims to end inequality 

A bill proposing stricter rules for products offered by the National Lottery is already before Parliament. Among other things, the proposal provides for a general ban on advertising, a minimum age of 21 and the mandatory use of EPIS for lottery products. 

The proposed rules would apply to both online products and lotteries sold at physical outlets. This would largely eliminate the current exemption. 

According to the annual report, however, such a blanket approach may go further than is necessary. Not every traditional lottery product carries the same risks as a fast-paced and interactive online game. An alternative is therefore to set the rules on a product-category-by-category basis and to review the Royal Decrees on the permitted range of products. 

Ultimately, the broader debate is not about whether the National Lottery should be allowed to retain its public mandate. It concerns the question of why a player receives less protection when using a comparable online product as soon as the Belgian government itself is the provider. 

Belgium has until 31 December 2026 to provide a legal response to this. Until then, the existing provisions will largely remain in force, even though it is now clear that the exceptional status for comparable online products cannot continue.