A judge in the court of The Hague, decided on July 2 that poker in the Netherlands may no longer be seen as a game of chance, but as a game of skill. The decision came in a lawsuit in which a man had organized a poker tournament without a license, the man was declared innocent.

The verdict in the trial can have serious consequences for the poker industry in the Netherlands. Under Dutch gambling law, it is not permitted to organize a game of chance without a permit, in Holland poker is seen as a game of chance. It is only legal in the Netherlands to organize poker tournaments for Holland Casino, the casino monopoly of the Netherlands that holds the only poker license in the Netherlands. All tournaments outside casinos are illegal, including tournaments among friends and colleagues. In 1998 it was decided that poker is a game of chance, because in 33 other European countries, the game was seen as gambling.

The suspect in the case, organized a Texas Hold ‘Em poker tournament in 2006 without a license. The man himself said in the lawsuit that poker is a game of skill with an element of luck, in the short term the result is subject to luck, but in the long term skill is the dominant factor to win. He said: “You then gain control over the game, so you can increase your chances of winning.” The statement of the suspect was taken into account in the decision, together with the declaration of the Tilburg professor Ben van der Genugten. The professor has developed a probabilistic method, which can determine what makes or does not make a game of chance. According to the method of van der Genugten poker is a game of skill.

A spokesman for the Public Prosecutor (PP) said it will appeal the decision and says it is a matter of principles to apply for appeal, so there is more clarity in the decisions of several courts. “The court ruling is special because in the surrounding countries poker is seen as a game of chance. To us it is clear that poker is a game of chance, but the Ministry of Justice still has to study the ruling,” the spokesperson of the PP said.

In 2008, Ernst Hirsch Ballin, Minister of Justice said that if poker is ever consider as a game of skill, he would not just release the game, because there is a higer risk of addiction in poker, according to the minister. Hirsch Ballin said last year, he would expand the number of sites where poker can be played legally.

The court ruling is one that can have major consequences for the online casino gambling industry and poker industry in the Netherlands. Many foreign online casino operators want to tap into the Dutch Internet casino market, but by law it is possible that Holland Casino retains a monopoly. This ruling could make it possible for overseas poker operators, to offer online poker in the Netherlands.

Once we have more information about the Appeal in this case we will inform you about this.