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The Dutch Council of State has set out general rules for the allocation of limited permits by public authorities in a recent case involving gaming machine permits.
The Dutch Council of State has set out general rules for the
allocation of limited permits by public authorities in a recent
case involving gaming machine permits. These rules are: 1) limited
permits may, in principle, not be granted for an unlimited period
of time, and 2) the issuing authority must make an appropriate
disclosure about: the availability of the limited permits; how they
are allocated; when an application can be made; and what the
selection criteria are. Competition may be restricted, but not
completely eliminated.
This ruling clarifies the grounds on which companies can
challenge the granting of a limited permit to a competitor. But it
is also important for those receiving a limited permit to monitor
if the permit procedure meets the requirements set by the Council
of State. This way, the risk of the permit being annulled can be
reduced.
Below are links to the Council of State ruling and the
accompanying press release (in Dutch only).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
