The French Council of State backs the ANJ against the FDJ
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21 Feb 2025 •
Reading time: 2 minutes On 11 February 2025, the French Council of State handed down two major decisions confirming the authority of the National Gaming Authority (ANJ) over the games offered and promotional strategies of monopoly operators, in particular La Française des Jeux (FDJ). These decisions follow appeals lodged by FDJ challenging the ANJ’s prerogatives.
Control of FDJ scratch cards
In its first decision, the Council of State upheld the ANJ’s analysis of FDJ’s betting and gaming programme for 2024. The ANJ had expressed concerns about certain scratch card games, both in physical outlets and online, because of their potential to encourage excessive or pathological gambling. It recommended stabilising certain ranges of games and modifying or withdrawing those presenting the highest risks.
The Council of State ruled that the ANJ was entitled to take into account indicators such as the rate of excessive and high-risk gamblers, as well as the presence of illegal gambling on the markets concerned, when formulating its recommendations. This validation reinforces the ANJ’s legitimacy to intervene to protect players and regulate the French gambling market.
Supervision of FDJ’s promotional strategies
The Council of State’s second decision concerns FDJ’s promotional strategy. The ANJ had prohibited the operator from referring, in its advertising, to causes of general interest that benefit from part of the revenue generated by gaming. This ban was intended to prevent such references from encouraging players to participate more, by giving them the feeling that they were contributing to a noble cause.
The Council of State upheld the legality of this ban, holding that the ANJ was justified in regulating the advertising messages of gaming operators in order to prevent excessive gambling and protect consumers. This decision underlines the importance of responsible communication on the part of monopoly operators, so as not to exploit players’ sensitivities for commercial ends.These decisions by the Council of State reinforce the regulatory choices adopted by the ANJ. The authority has made the protection of minors and the reduction of excessive gambling absolute priorities for the coming years. By confirming the ANJ’s powers, the Council of State is strengthening the French regulatory framework aimed at ensuring a safe and responsible gambling environment.