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Hold'em Poker is a game of chance and, for others, it is a skill game. Therefore, how do we know if skill predominates
on chance? ln the US case of Pennsylvania v Dent1, the judge considered that poker is a game of skill, just like the Toulouse Cour1. But, when the North Carolina Courl of Appealwas involved, in the Joker Club v Hardin'case, it ruled that the Texas Hold'em Poker is a game of chance using with the same rule, the dominant factor test. This varying case law on the predominance test shows it is not a safety rule so the next French court that will have to decrde a similar case can change its opinion about the nature of the Texas Hold'em Poker.
The law lf we look at $ 24 of the 2010 Act, offering games of Texas Hold'em Poker requires the approval of the ARJEL, the
French gambling regulator. When the website operates
without approval, the operator is breaking the 1983 Law The 2O1O Act also adds another level as it sanctions the
gambling websites and gambling houses equally. Further, $ 2 of the 2010 Act is dedicated to the predominance test and implies that Texas Hold'em Poker is a game of chance under French law. To conclude, we will need to wait for a dectsion from the Court of Appeals io know if French jurisprudence considers the game of Texas Hold'em Poker as a game of skill. ln the meantime, the French Supreme Court and the 2010 Act have both established that poker is a game of chance - at
least for now.
Matthieu Escande Member of the Advisory Board and Lecturer
Betforce.com Universit6 Paris I Panth6on-Sorbonne matihieuescande@yahoo.f r 1. Commonwealth of Pennsylvania v Watkins and Dent (2009 Pa. Super.). 2. Joker Club v Hardin, 92, 97 , 643 S.E.2d 626 (N.C. App. 2007).
This recent case law goes against established legal principles: on 28 May 1930, the French Supreme Court qualified poker as a game of chance. Therefore, the decision of the Toulouse Court is not exactly representative of French law. ln this respect, it is highly probable that superior courts will decide that Texas Hold'em Poker is a game of chance.
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