On 22 April, Raad van State determined that the regulator was entitled to classify Bob Casino as an illegal offering in the Netherlands. As stated by the court, the matter at hand was not about whether N1 had actively marketed to the Netherlands. It was whether or not the website was set up in such a way that Dutch consumers were able to play. In earlier case law, the court noted, active targeting is not required where the website is visibly open to players in the country.
Access, Not Promotion, Decided the Case
N1 argued it had not specifically pursued Dutch users. The court rejected that approach. It backed the KSA’s view that several objective indicators, taken together, were enough:
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The site was reachable from a Dutch IP address;
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Dutch users could create an account;
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The registration process showed a prefilled Netherlands field with the +31 country code and Dutch flag;
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Euro was already set as the payment currency;
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The payment process also supported Bank Direct via ABN AMRO’s Dutch environment.
Why the Fine Hit €12.64 Million
The fine amount was linked to the penalty system that the KSA uses in cases involving unlicensed remote gambling operations. According to the court, the KSA had assessed N1’s Dutch turnover at €126,407,930 and used the large-operator formula, considering the turnover exceeded €15 million. Starting at 4%, the figure increased after aggravating circumstances and recidivism were taken into account, resulting in a final percentage above 10%. The KSA, therefore, fixed the fine at €12.64 million.
Among the aggravating factors that the KSA had pointed to were:
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Inactivity fees on dormant accounts;
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Access to an anonymous payment method;
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Withdrawal rules that forced players to wager all account funds three times before cashing out, while also allowing refund charges and withdrawal limits.
The appeal court agreed the regulator could treat those features as penalty-raising circumstances. It also accepted recidivism as relevant because this was the second established breach of the same ban.
Warning to Other Offshore Operators
The court confirmed that the statutory maximum fine under Dutch gambling law is linked to total net turnover rather than revenue earned only in the Netherlands. This does not affect the amount imposed on N1 in this instance. However, it does reinforce the KSA’s ability to take action against large offshore platforms.
There is no need for the Dutch authorities to prove active local promotion when an unlicensed website allows users from the Netherlands to register, deposit, and play. In such circumstances, the KSA has strong grounds to take action.
