EGBA state-aid challenge to Dutch lottery licences: Netherlands loses appeal: Allegations, Court Orders and Status

What this case is about

C-59/24 P is an appeal in which the Kingdom of the Netherlands challenged a General Court judgment, decided by the Court of Justice of the European Union (Eighth Chamber) on 16 October 2025. The other parties are the European Gaming and Betting Association (EGBA) and the European Commission.

EGBA complained that the 2014 prolongation of the exclusive Dutch lottery and sports-betting licences without a tender involved state aid under article 107 TFEU. The case is part of the Licensing and Administrative Court Cases group, where operators challenge regulators and states.

Who is covered

The case is between institutions and an industry body, not players. The Netherlands is the appellant. EGBA and the Commission are the respondents. No class of players is covered.

The ruling affects the exclusive Dutch gambling licences, since the Commission must now re-examine them. Wider EU rulings are collected in Gambling Lawsuits in European Union.

Is there a payout?

No payout exists in this case. It is a state-aid dispute between the Netherlands, EGBA and the Commission, and no fund, damages or consumer claim process exists.

The only money is costs. The Netherlands bears its own costs and pays EGBA's. Filing a settlement claim is free wherever one exists, but nothing can be claimed here.

What the court decided

The Commission found no aid in Decision C(2020) 8965 final of 18 December 2020 (SA.44830 (2016/FC)). EGBA challenged that decision as T-167/21. On 15 November 2023 the General Court (Ninth Chamber, EU:T:2023:723) annulled it for failure to open the formal investigation despite serious difficulties, and ordered the Commission to pay EGBA's costs.

The Netherlands appealed. On 16 October 2025 the Court of Justice (Eighth Chamber) dismissed the appeal and ordered the Netherlands to bear its own costs and pay EGBA's. As of 14 November 2026 the status is dismissed.

The consequence is that the Commission must re-examine the licences. The operative part of the judgment was read from a text mirror of CELEX 62024CJ0059, because the official EUR-Lex page returned an empty page on 14 November 2026. See Gambling Lawsuits in European Union for related rulings.

Why it matters

The ruling leaves in place the General Court's annulment of the Commission's decision not to open the formal investigation despite serious difficulties. That keeps the question of whether exclusive licence renewals involve state aid open.

For operators, it shows that licence challenges can come through EU state-aid law as well as national courts. The wider set of cases appears in Licensing and Administrative Court Cases.

Questions people ask

Who won C-59/24 P?

EGBA prevailed on the appeal. The Court of Justice dismissed the Netherlands' appeal on 16 October 2025 and ordered it to bear its own costs and pay EGBA's.

What happens to the Dutch gambling licences now?

The Commission must re-examine the licences, since the General Court's annulment of its December 2020 decision now stands. The outcome of that re-examination is not recorded.