French Authorities Declare Poker Is a Skill Game

A court in Toulouse, France, which was hearing a case filed against Jean-Pierre Gleizes, accused of organizing public poker events without getting a proper license, finally ruled that the game of poker requires skill and should not be considered to be a game of pure chance. The court’s ruling is of great significance to this particular case, having the power to free Gleizes from French gambling laws.

The prosecution in the case was focusing on Article 1 of the Act of July 12, 1983, according to which, “any participation of the public in the managing of a gambling house is punishable by 3 years’ imprisonment and €90,000 fine.” The defence was, therefore, eager to prove that poker is a game based on skills and strategy, and not chance alone.

The defence lawyer argued the case in an exceptionally intelligent manner, cross-examining a number of poker experts such as a mathematics professor, a professional poker player, high profile bridge players and chess players, and others to prove his point that poker is indeed a game of skill, a fact that poker players had known from times immemorial.

As a result, Jean-Pierre Gleizes, the manager of St. Tropez and Les Coulisses, is now free; but the prosecution has decided to move the Conseil d’Etat, the French Supreme Court, challenging this ruling.

Poker players in France, however, are not that enthusiastic about the Toulouse court’s ruling, especially considering the fact that the ruling will be challenged in a higher court. Many do not expect the French Supreme Court to uphold the Toulouse court’s ruling since the latest poker laws in France have been partially designed on the notion that poker is not a game of skill, but is based on chance.

If the Supreme Court upholds the ruling of the lower court, poker rooms will benefit greatly because they need no longer pay the same taxes and adhere to the same licensing rules that are incorporated in new online gambling bill of France. Currently, these laws apply only to games of chance. Unfortunately, professional poker players might have to pay heavy taxes because their poker winnings will be considered as income generated.

Poker players worldwide, however, were delighted with the ruling of the Toulouse court, which they considered to be a small victory for the game of poker. Message boards on poker forums such as Two Plus Two were literally packed with posts lauding the French court for its pro poker ruling.

The US-based Poker Players’ Association (PPA) was especially delighted with this ruling, particularly because the PPA has been trying for years to bring it to the attention of the US federal government that poker is a game based on skill and strategy, and not chance alone. If the US federal government takes note of this ruling, the procedure to legalize, regularize, and tax the online poker gaming industry in the US will be accelerated. The PPA can use the French case and the final ruling to convince the federal government of the importance of legalizing online poker.

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