Chile Supreme Court Upholds Ruling on Gambling Machine Classification
Chile.- 2 October 2026 | www.zonadeazar.com Chile’s Supreme Court has upheld the rejection of a legal action filed by Comercial Cofan E.I.R.L. against the Superintendence of Casinos and Gaming, SCJ, in a dispute over the classification of certain machines as gambling devices.
The ruling confirms an earlier decision by the Puerto Montt Court of Appeals.
Origin of the Dispute
The case began during a commercial licence renewal process.
In February 2024, the Municipality of Castro asked Comercial Cofan to provide an SCJ report as a requirement for renewing the licence covering its machines.
The regulator assessed the equipment and classified it as gambling machines.
Comercial Cofan’s Challenge
The company challenged the decision and argued that the SCJ had failed to properly assess a technical report prepared by Gaming Laboratories International, GLI, in September 2024.
The document was submitted to support the company’s claim that the machines did not contain elements of chance.
GLI Report
Comercial Cofan asked the regulator to issue a new ruling, formally consider the technical report and reopen the classification procedure.
It also requested that additional information be sought from the laboratory if necessary.
SCJ Position
The SCJ rejected those arguments.
The regulator said the procedure applied was properly regulated and that the GLI report was not a certification designed to determine the legal nature of the machines under Chilean law.
It also considered the report insufficient to alter the original classification.
Court of Appeals Decision
The Puerto Montt Court of Appeals had already rejected the claim in 2025.
The court found that the SCJ had considered the GLI document and had explained why it was not sufficient to change the classification.
Supreme Court Confirmation
On 25 September, the Supreme Court’s Third Chamber upheld that reasoning.
The decision leaves in place the rejection of Comercial Cofan’s constitutional protection action.
Regulatory Impact
The ruling reinforces the SCJ’s role as the technical authority responsible for determining when equipment qualifies as a gambling machine under Chilean legislation.
It also provides a relevant precedent for future disputes involving municipal licences and machine classifications.
Industry Context
Machine classification is an important issue for municipalities, operators and regulators.
The determination can decide whether equipment may operate under an ordinary commercial licence or falls under specific gambling legislation.
Next Steps or Impact
The Supreme Court ruling closes this stage of the dispute and maintains the SCJ’s classification.
The case may become a reference point in future conflicts involving private technical reports, municipal permits and regulatory interpretation of gaming machines.
Editó: @fonta
