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Case record · Licensing and Administrative Court Cases

Belgian Constitutional Court bans cumulating online licence classes on one domain: Allegations, Court Orders and Status

Status
Judgment entered (judgment)
As of
19 Jul 2018 · read from the court record
Court
Grondwettelijk Hof / Cour constitutionnelle · Supreme or high court
Docket
rolnummers 6510-6512 (129/2017); 6881 (108/2018)
Filed
2016
Type
Constitutional challenge, licensing and administrative court cases
Money
No settlement fund or award on record
Payout
No payout exists as of 14 Nov 2026

Status words follow the court record: a complaint states one side's allegations, only the court's orders decide anything. Filing a settlement claim is always free.

What this case is about

On a question from the Council of State, the Constitutional Court held on 9 November 2017 that the Gambling Act breaches equality in so far as it does not prohibit cumulating additional licences of different classes (A+, B+, F1+) for casino games, arcade games and betting through one domain name, when the same cumulation is forbidden for physical venues. On 19 July 2018 (108/2018) it annulled the Act to that extent, and an interpretation judgment of 13 October 2022 (122/2022) clarified the scope; judgment 114/2021 (16 September 2021) extended the ban to a single holder. The rulings forced Belgian online operators to split brands per licence class.

What this case is about

The Rocoluc case (rolnummers 6510-6512, decided as 129/2017, and 6881, decided as 108/2018) is a Belgian Constitutional Court challenge by casino operator nv Rocoluc, filed in 2016, to the Gambling Act of 7 May 1999. The court asked whether it was equal treatment to forbid cumulating licence classes in physical venues but not online.

The claim rested on arts. 10 and 11 of the Constitution (equality) and arts. 4, 6, 34, 43/4 and 43/8 of the Act.

The matter came on a question from the Council of State of 13 September 2016 (nrs. 235.744-235.746). It belongs with the other Licensing and Administrative Court Cases on judicial review of gambling regulators.

Who is covered

The plaintiff was nv Rocoluc, a casino operator; the defendants were the Kansspelcommissie and the Ministerraad. The rulings affect Belgian online operators holding additional licences of different classes (A+, B+, F1+).

For the regulator's other cases, see Kansspelcommissie Lawsuits.

Is there a payout?

No payout exists in this case. It was a constitutional review of a statute brought by an operator, and the record shows no fund, damages or claim process for players.

Filing a settlement claim is free wherever a claim exists, but none exists here. GamblingLawsuits.org is not a law firm and not a claims administrator.

What the court decided

On 9 November 2017 (129/2017) the Court held that the Gambling Act breaches equality in so far as it does not prohibit cumulating additional licences of different classes (A+, B+, F1+) for casino games, arcade games and betting through one domain name, when the same cumulation is forbidden for physical venues.

On 19 July 2018 (108/2018) it annulled the Act to that extent. A judgment of 13 October 2022 (122/2022) clarified the scope, and judgment 114/2021 of 16 September 2021 extended the ban to a single holder.

As of 14 November 2026 these rulings stand. They forced Belgian online operators to split brands per licence class, and the national overview sits under Gambling Lawsuits in Belgium.

Why it matters

The rulings applied the equality principle from land-based venues to online gambling. They set the rule that one domain cannot carry several licence classes, a structural limit on how Belgian operators build their offers.

A later Council of State case shows the same parties still litigating licences: Rocoluc and Fremoluc v. Belgian State and Kansspelcommissie.

Questions people ask

What did the Belgian Constitutional Court rule about licence cumulation?

The Court held that the Gambling Act breaches equality by not banning cumulation of A+, B+ and F1+ licences through one domain name. It annulled the Act to that extent on 19 July 2018.

Did the ban apply only to the one company?

No. Judgment 114/2021 of 16 September 2021 extended the ban to a single holder of the licences.

Who is involved

Plaintiffs: nv Rocoluc (casino operator)

DefendantsKansspelcommissie; Ministerraad
Claims
  • art. 10 and 11 Constitution (equality) applied to the Kansspelwet of 7 May 1999 (arts. 4, 6, 34, 43/4, 43/8)

Is there a payout?

No payout exists in this case as of 14 Nov 2026.

What happens next

No future date is on the record we hold. The case is closed on the record we hold; later appeals or enforcement steps would be added here.

Timeline

2 dated steps on record, oldest first. Future dates come from court notices and can move.

DateEvent
2016Filed
19 Jul 2018Judgment entered

Documents and sources

3 primary sources (court file, administrator notice, regulator) and 1 secondary. Press is supporting evidence only.

What it supportsSourceTypeRetrieved
arrest 129/2017, 9 Nov 2017, question from RvS arresten 235.744-746 of 13 Sept 2016, holdingnl.const-court.beprimary14 Nov 2026
arrest 108/2018, 19 July 2018, annulmentnl.const-court.beprimary14 Nov 2026
arrest 122/2022, 13 Oct 2022, interpretationconst-court.beprimary14 Nov 2026
arrest 114/2021, 16 Sept 2021 (single holder)stibbe.comsecondary14 Nov 2026

2 cases in the record share parties, claims or a settlement with this one.

CaseCourtStatus
Council of State upholds Unibet casino A+ licenceRaad van State, afdeling bestuursrechtspraakDismissed
Constitutional Court annuls VAT on online gambling (2018)Grondwettelijk Hof / Cour constitutionnelleJudgment entered

Last checked against the sources on 14 Nov 2026. Found an error? Tell us and we correct the record with a dated note.