POLAND

Poland – Application of the Polish Chamber of Commerce in the Entertainment and Bookmaking Industry

The recently established Polish Chamber of Commerce of the Entertainment and Bookmaking Industry (PIGBRiB) has made the first application regarding its statutory objectives.

The chamber directed a written speech to the Polish Football Association and Ekstraklasa S.A. in which raises the problem related to the horrendous fees collected by the abovementioned institutions from Polish bookmakers for using the results of football matches.

In this case, prof. Witold Modzelewski from the Institute of Tax Studies represents the Chamber.

The collection of the indicated fees seems to be completely unjustified because the results of football matches are publicly available information that everyone can use. What’s more, PZPN and Ekstraklasa charge the above fees in the amount of the entire revenues of bookmakers percentage, including those that do not concern Polish football matches, such as speedway, basketball or tennis.

An even greater misunderstanding is related to the fact that fees charged by PZPN and Ekstraklasa are calculated in such a way that they do not take into account the fact that companies pay a tax on games in the amount of 12% of the rates paid. In other words, the tax paid by bookmakers is also treated as income from which the fee is charged.

Bookmaker companies have tried to talk many times on the above topics with representatives of PZPN and Ekstraklasa. Any suggestions for a reasonable settlement of the above issue have always been refused and the statement that “after all, you can refuse signing a contract with PZPN and Ekstraklasa”. That is why the newly established Chamber of Commerce decided to settle the matter.

In the case described above, the proceedings are also conducted by the Office of Competition and Consumer Protection (UOKiK) in the direction of determining whether PZPN and Ekstraklasa S.A. they do not use a dominant position. The Chamber of Commerce wants to actively participate in this matter and will soon join the above-mentioned proceedings.

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