Beroepen tot gedeeltelijke vernietiging van de wet van 7 mei 2024 (EPIS-controle), Grondwettelijk Hof…: Allegations, Court Orders and Status

What this case is about

Arrest 45/2026 of the Belgian Constitutional Court (Grondwettelijk Hof / Cour constitutionnelle), of 16 April 2026, decided petitions for partial annulment of the law of 7 May 2024 amending the gambling law.

The cases carry rolnummers 8356, 8361, 8362 and 8363 (ECLI:BE:GHCC:2026:ARR.045), and the petitions were filed on 5 November 2024 and on 20 and 21 November 2024.

The law introduced EPIS exclusion-register checks, followed up the law of 18 February 2024 and confirmed the 2024 Kansspelcommissie contribution decree. The ruling is among the licensing and administrative court cases that test national gambling rules.

Who is covered

The petitioners are gambling companies and horse-racing associations: nv Derby; nv Gambling Management, nv Casino de Spa and nv Circus Belgium; nv Ascot, nv Belgische PMU and bv World Football Association; and vzw Waregem Draaft and vzw Koninklijke Waregemse Koersvereniging. The defendant is the Belgian State.

They argued that the EPIS data rules breach privacy and data protection, including a five-year retention period. They also argued that the law breaches equality because no EPIS check applies to class III venues (cafés) or to online lottery games.

The ruling affects licence holders in Belgium. See gambling lawsuits in Belgium for the country picture.

Is there a payout?

No payout exists in this case. It is a constitutional review of a statute between operators and the Belgian State, and the record shows no fund, damages or claim process.

Nothing can be claimed by players, and there is no claim form.

What the court decided

As of 14 November 2026 the judgment stands as decided on 16 April 2026. The Court rejected the privacy and data-protection pleas against the EPIS check.

It annulled articles 14, 1° and 15 of the law insofar as the prior EPIS check does not apply to class C licence holders (drinking establishments). The effects of the annulled provision are maintained until 31 December 2027 at the latest.

The Court also found it discriminatory (B.25.3.3) that the Nationale Loterij's online lottery games are subject neither to a prior EPIS check nor to the 21-year age condition. It ordered the legislature to remedy this by 31 December 2026, and rejected the remaining pleas.

That deadline has not passed as of 14 November 2026. Whether the legislature has acted is not in the record we hold. The State's other cases are listed under Belgian State lawsuits.

Why it matters

The ruling upholds the core of the EPIS exclusion check while closing two gaps: cafés and the national lottery's online games. Operators keep the check, and the legislature must now extend it.

It follows an earlier player-protection ruling, Grondwettelijk Hof 165/2025, listed below.

Related cases

• Beroepen tot vernietiging van de wet van 18 februari 2024 (spelersbescherming), Grondwettelijk Hof 165/2025 (11 december 2025) is the earlier ruling on the player-protection law, marked judgment.

Questions people ask

What did the Belgian Constitutional Court decide on EPIS in 2026?

On 16 April 2026 it rejected the privacy challenges to the EPIS check, annulled the exemption for drinking establishments, and held the lottery's online games discriminatory.

When must Belgium fix the gaps in the EPIS rules?

The annulled provision stays in effect until 31 December 2027 at the latest. The legislature must remedy the lottery discrimination by 31 December 2026.

Can players claim money from this ruling?

No. It is a review of a law, with no fund, damages or claim process.