By pointing out legal inconsistencies between private games of chance and certain National Lottery offers, the country’s highest court is now forcing the legislature to review its copy. In this sensitive context, the National Lottery states that it is at the disposal of the competent authorities to contribute to the development of a more coherent, protective and legally sound legal framework.
An ambitious law, but legally incomplete
Adopted on 18 February 2024, under the previous legislature, the Gambling Act was intended to be resolutely protective. In particular, it banned advertising for games of chance, abolished promotional bonuses, limited the number of licences held on a single site and tightened up age requirements, making the 21-year threshold the general rule for certain games.
The stated aim was clear: to curb the risks of addiction, protect vulnerable members of the public and clean up a sector marked by strong digital competition. But this legal architecture quickly revealed its flaws. Six actions for annulment were brought before the Constitutional Court by 32 parties, all from the private gambling sector. Their central argument was based on a difference in treatment between private operators and the National Lottery.
In its ruling, the Constitutional Court rejected most of the criticisms levelled against the law. The key measures to protect players were upheld, in particular the increase in the minimum age for certain games and the ban on bonuses and advertising. Only one provision was annulled: the ban on holding different online licences under the same domain name.
However, this annulment is accompanied by a temporary maintenance of its effects. The legislator has until 31 December 2026 to correct the discrimination found. In other words, the Court recognises a legal problem without creating an immediate regulatory vacuum.
Games of chance and lottery games: a blurred boundary
At the heart of the decision lies a fundamental distinction: that between games of chance and lottery games. Traditionally, lottery games have been considered less risky because they are not influenced by player behaviour. The Court confirms this difference in principle, while strongly qualifying its impact in the digital world.
The Constitutional Court considers that it is up to the legislator to provide, for certain National Lottery games, for measures similar to those imposed on private operators. This applies in particular to the minimum age, bonuses and advertising. The aim is to put an end to unjustified legal discrimination.
The National Lottery was quick to react. In a press release, it welcomed the ruling as a clear signal in favour of strict regulation of the sector and better protection for citizens. It also sees it as confirming the specific nature of public lotteries and the legitimacy of the monopoly as part of a public service mission focused on channelling and preventing risks to players.
However, the National Lottery is keen to remove any ambiguity. The ruling does not impose an automatic and total alignment of its games with all the rules applicable to the private sector.
Protection mechanisms already in place
Contrary to some critics, the National Lottery claims that it did not wait for the Court’s ruling before taking action. For several years now, it has been applying a series of protective measures via its internal framework: codes of conduct, ethical charters, control procedures and absolute gambling limits.
Although these mechanisms are real, they are based internally and not on a formal law. This is precisely what the Constitutional Court is pointing out: these mechanisms must now be consolidated by a clear legal basis, in order to guarantee legal certainty equivalent to that imposed on private operators.
The role of the legislature between now and 2026
The ball is now in the legislator’s court. Between now and 31 December 2026, it will have to put an end to the discrimination identified by the Constitutional Court, while preserving the central objective of protecting players. The National Lottery says it wants to play an active part in this process.