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French Court Rules Poker is Game of Skill

Aug 2, 2011
Author: Michael Mancini
French Court Rules Poker is Game of Skill

A French court has ruled that poker is a game of skill rather than purely a game of luck, delivering a ruling that could have an impact on the organization of home games in France.

The ruling came on a case in the French Criminal Court of First Instance involving French citizen Jean-Pierre Gleizes, who was accused of organizing and operating private poker events in public venues without obtaining the proper licenses to do so. This would be considered illegal gambling in France.

However, the defense seized upon the opportunity to show that poker was a game of skill, which would make Gleizes’ games exempt from charges of illegal gambling. Several witnesses were brought forward to prove the existence of skill in poker, including professional poker players, a professor of mathematics, and highly-ranked players from chess and bridge – two games that are nearly universally considered games of skill.

The Toulouse court’s decision could impact French poker in a number of different ways. Individuals could likely host private games of a fairly large size without them being considered illegal gambling or running afoul of other regulations. In addition, it’s not certain if poker would still be able to be taxed or licensed under the online gambling regulations that have recently gone into effect in France. Finally, considering poker a game of skill would ultimately force professional poker players to pay taxes on their winnings, since it would be considered earned income rather than gambling winnings. This would be a major blow to French professional players, who currently pay no taxes on their winnings.

However, it’s still quite possible that none of this may come to pass. The prosecution in the case has already determined that they will appeal the verdict. The case will ultimately be heard at the Conseil d’Etat, the French equivalent to the Supreme Court. It is unclear whether the ruling is more likely to be upheld or overturned by that body, or when the case might be heard.

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