The Commercial Court number 6 of Madrid has issued a ruling in which it prohibits the State Lotteries and State Betting Company (SELAE) from marketing tenths of the National Lottery through its web page considering it «Unfair competition» with respect to lottery administrations.
This is highlighted by the judge Francisco Javier Vaquer in the ruling, which has had access to Europa Press, and in which he has partially estimated the lawsuit filed by the Fair Play Platform of Lotteries Administrations, which integrates 200 lottery players from all over Spain. .
According to the magistrate, Lotteries and Bets of the State has committed acts of unfair competition typified in article 16.2 of Law 3/1991, of January 10, of Unfair Competition. As Europa Press has learned, the state company will not assess this ruling until there is a final judgment.
In this way, it has condemned SELAE to "cease and refrain from reiterating in the future the disloyal conduct consisting in the violation of the legal and contractual rights of its integral points of sale (lottery administrations) through the direct sale through the website of the ticket or tenth of the national lottery, either in receipt, or in pre-printed support called 'blue ticket' or in digital format associated with an identified user / purchaser, discriminating against said integral points of sale regarding the attribution of the commissions by geographical criteria ».
Also, the judge has condemned to "cease and refrain from reiterating in the future the unfair conduct consisting in the violation of the legal and contractual rights of the Lotteries administrations through the sale of National Lottery tickets through its own website in Internet".
The court indicates that "the search for an accelerated termination of the electronic purchase, the desired simplicity in electronic procedures, the relative complexity for certain purchasers in the identification of the 'fields' of the electronic purchase process and, especially, the irrelevance that to this determination granted the national or international computer user, makes that system of imputation of the commission of 4% (which the defendant recognizes as necessary to balance the performance of contracts with points of sale previously agreed) is arbitrary, lacking support objective and generator of inequality, therefore abusive ».
After the ruling was published, the president of the board of the Fair Play Platform, José Carlos Escrig, was satisfied with "a sentence that, after years of litigation, condemns acts of unfair competition on the part of SELAE, some activities that have led to a reduction in the lottery business ». However, the Fair Play Platform considers the judgment insufficient and has already decided to appeal.
According to the lotters, the ban on the sale of National Lottery should include «all establishments that are not traditional administrations» «These are the so-called mixed establishments, which mainly include kiosks, bars or tobacconists, and in general businesses whose main activity is not the sale of lotteries but which can market them if their sales account for less than 50% of their turnover», they have detailed .
"The lottery should be sold and distributed only by lottery administrations, because that's what we fulfill certain requirements and regulations," the owner of the Lotteries Administration number 27 of Oviedo, Marta Paredes, abounded.
For now Justice has not agreed to prohibit this sale to mixed points like kiosks or tobacconists that have a vending machine for other games, something against which the lottery group is also turning.
With the current resolution, loteros hope to be able to claim the losses caused. To this end, the law firm that has managed the issue, Roca Junyent, is preparing a joint lawsuit for lost profits that will be presented to all lottery administrators who want to participate.