National Lottery sued over its ‘Woohoo’ games

The famous Belgian institution, the National Lottery, finds itself at the heart of a legal controversy. Indeed, the company and its director are now being sued for their famous “Woohoo-games“. This decision, taken by the Brussels Council Chamber, follows a complaint filed by Vision Presse, an association representing Walloon and Brussels newsagents, as well as an independent tobacconist.

Lottery or gambling?

At the heart of the dispute: the exact nature of the “Woohoo” games. The plaintiffs claim that these games, due to their format, duration and audiovisual presentation, are closer to online gambling than to traditional lotteries. They rely in particular on an analysis by the Gaming Commission which qualifies the Woohoo games as such. 

The National Lottery, for its part, invokes a 1988 cassation ruling that defines a lottery as a game where chance alone determines the winner, without active intervention by the player. According to it, Woohoo games correspond perfectly to this definition.

According to the civil parties, supported by the Gaming Commission, this allegation does not apply. In automated games of chance in a gambling establishment, the winnings are also determined by chance and the player’s behavior does not affect the result. However, these games are not considered lottery games and require authorization from the Gaming Commission.

A legal loophole 

The Brussels Council Chamber considered that the question of the qualification of these games is sufficiently complex to justify an in-depth debate on the substance.

This case highlights a legal uncertainty in the online gaming sector. The 1999 Gambling Act provides for a Royal Decree to define the games that can be offered online, but this decree has never been published. This legal loophole is all the more problematic since the law stipulates that only games similar to those offered in physical casinos can be offered online. However, this rule does not seem to be respected by many operators.

The National Lottery denounces unfair competition

The National Lottery has already announced that it will appeal against the decision of the Council Chamber.

“After all, this law (of 7 May 1999 on gambling) clearly states that it does not apply to lottery games organized by the National Lottery, which are covered by the Law of 19 April 2002 on the National Lottery.”

Jérémie Demeyer, spokesperson for the Lottery

The National Lottery denounces a situation that it considers unfair. According to it, it scrupulously respects all the regulations in force, while its private competitors operate in a gray area.

“Among the thousands of games offered online by private operators, some look like lottery games.” 

He deplores a “regulatory void that creates confusion” and jeopardizes the games of the National Lottery.

The stakes of this case go far beyond the framework of the National Lottery. It is about clarifying the legal status of online games in Belgium and defining the limits between lotteries and games of chance. A clear court decision could have significant consequences for the entire online gaming sector, both for operators and players.