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But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses. 

The judges highlighted the number of gaming halls in the city remained largely stable after the increase. 

The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.

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The lottery operator also criticised government proposals for a blanket advertising ban on licensed online gambling providers in June. It argued such restrictions could inadvertently drive more players towards unregulated, illegal platforms.

According to Nederlandse Loterij, illegal operators currently control approximately half of the Dutch online gambling market and account for roughly 95% of online gambling advertisements, frequently masquerading as licensed providers. 

The Loterij suggested around 200,000 Dutch citizens already engage with unauthorised platforms.

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Beyond raising the age limit to 21, Van Dijk called for a complete reversal of the Netherlands’ 2021 online gambling legalisation, which helped establish a reasonably mature legal gambling market for the sector, until tighter restrictions for players, and increased taxes, struck licensed operators in recent years.

Van Dijk also voiced his opinion that all gambling advertising should be banned, including for lotteries and land-based casinos.

He also questioned the government’s involvement with the state-owned entities Holland Casino and Nederlandse Loterij, especially in its assessment on how to limit gambling harms.