Court Order Being Ignored By Italian Regulator?

With regard to its pronouncement requiring Italian ISPs to block online gambling sites, The Italian regulator Amministrazione Autonoma dei Monopoli de Stato (AAMS) still stands in the legal spotlight. In addition to this, the issue has become even more passionate this week after information was released that the regulator has up until now, disregarded a Court of Rome order to remove the ban on an online gambling site that sought after legal relief, Astrabet.

On the argument that due process had not been absolutely properly followed in the issuing of the decree, Astrabet took the AAMS to an Italian court and the court ordered on April 10, that the ISP block on Astrabet be removed.

Astrabet accused the AAMS this week, of maintaining the obstruction in infringement of the Court's order, and according to a company spokesman the company is planning to begin further litigation in it's seeking to force the regulator to act in accordance with the court ruling.

The AAMS decree produced waves of apprehension throughout the circles of European operator and licensing authorities alike, by specifying in its directive to the ISPs. hundreds of online gambling sites that needed to be blocked. The move was condemned by the Lotteries and Gaming Authority in Malta, in that it affected large numbers of its licensees as well as several huge and influential international gambling groups, and implied they would take action.

Astrabet is thought to have set a practical precedent with its winning legal action, appearing to beat them all to the punch. Referring to the non-compliance, a company spokesman, said that it was a very serious offence. She said that since AAMS is disobeying a Court Order that was issued in the Court of Rome on 10 April, the company would be launching further litigation designed to enforce compliance.

Late last week AAMS presented an appeal or a 'reclamo', against the finding against. In the appeal it requested that the judge suspend his decision on the blockade. The judge received the appeal and then set a hearing for the 29th of May. He did not however, accept the request for an immediate suspension of the ruling. It is based on this that Astrabet believes that its site should stop being blocked from the Italian market.

Several important points in favor of the Maltese licensee's position in this issue, it is believed, were established by the judge's ruling. These points will be reported once there is a finalization of the hearing on the 28th of  March.
Although a request was made for a comment from Giorgio Tino, the direttore generale of AAMS, no response has been yet been received.

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