Danish ruling

A Danish judge has ruled that tournament poker is a game of skill and not chance, allowing poker competition organisers to avoid prosecution under Danish law.

The decision is being closely examined by poker tournament organisers in other European jurisdictions and the US, where similar court actions are expected to follow.

The case was brought against the Danish Poker Association, who represents poker clubs, by the Police Commissioners Prosecution Service arguing for a violation of the criminal code, but indirectly supporting the view taken by the hotel and restaurant trade association Horesta, acting on behalf of licensed casino operators. Casino operators believed that the Danish Poker Association were organising gambling events, illegal under Danish law.

“This case is unique in that we believe it is the first time anywhere in the world that the rules of poker have been closely scrutinised,” said Anders M. Hansen, the managing partner at DANDERS & MORE, the Danish law firm representing the Danish Poker Association.

“The court has recognised that a poker tournament played over many hours requires a range of strategic, analytical and mathematical skills, and without these skills a player is unlikely to win.”

The ruling, handed down on 13 July 2007, specifically relates to Texas Hold’em, one of the most popular versions of poker played at tournaments the world over.

Hansen adds: “The rules of Texas Hold’em are internationally recognised. Poker federations in many countries with similar restrictions have been watching this court case closely and we expect to see similar actions occur. There is an almost identical case currently pending in the Netherlands, Germany and France.”

However keenly the Danish ruling is welcomed by those running Poker Clubs in the UK and seen as a sign of hope, it is still far from clear as to whether the case will provide grounds to challenge a UK ruling in January this year on the Gutshot Club.

Trevor Watkins, Partner and acknowledged sports law expert at Clarke Willmott comments: “The decision in Denmark is at variance to earlier rulings in the UK. Given the recent EU intervention on online gaming, it is possible that eventually there could be an EU wide decision on how poker clubs should be regulated. We have seen this happen with football which has had international implications. Given the views of the new Prime Minister Gordon Brown in the recent decision on Super Casinos it must be unlikely that there is any political will in the UK Government to see the EU adopt the Danish position.”

In Denmark, poker is a very popular game with some 300,000 people playing every week and some 500,000 people playing regularly. Danish prosecutors have until 27 July to appeal the ruling and there is the possibility that the case may be eventually heard before the Danish High Court, where a judge may take a different view.

The decision will see some of the big poker brands looking to increase the market activity in Denmark as a result.