Jurisprudence • CJEU Case Law • Charter of Fundamental Rights of the European Union, Freedom to provide services, Games of chance, Licensing • 28 February 2018 • NUM. C-3/17
Jurisprudence • CJEU Case Law • Advertising, Online Gambling, Overriding reasons in the public interest, Players protection • 20 February 2018 • NUM. C -16/16P
1. Article 267(3) TFEU must be interpreted as meaning that a national court against whose decisions there is no judicial remedy is required, in principle, to refer a question for a preliminary ruling concerning the interpretation of EU law even if, in the course of the same national proceedings, the constitutional court of the Member State concerned has assessed the constitutionality of national rules in the light of regulatory parameters with content similar to rules under EU law. 2. Articles 49 and 56 TFEU and the principle of protection of legitimate expectations must be interpreted as not precluding national legislation such as that at issue in the main proceedings, which imposes on persons who are already concession holders in the sector of the online operation of legal gaming, new conditions for the exercise of their activity by means of an addendum to the existing agreement, inasmuch as the referring court considers that that legislation may be justified by overriding reasons relating to the general interest, is suitable for ensuring the attainment of the objectives pursued, and does not go beyond what is necessary in order to achieve those objectives.
Jurisprudence • CJEU Case Law • Concessions, Freedom of establishment, Freedom to provide services, Gambling, Licensing, Tenders • 20 December 2017 • NUM. C-322/16
Jurisprudence • CJEU Case Law • Advertising, Consumer protection, Online Gambling • 12 December 2017 • NUM. C -16/16P
Jurisprudence • CJEU Case Law • Taxation, VAT • 26 October 2017 • NUM. C-90/16
Jurisprudence • CJEU Case Law • Advertising, Freedom of establishment, Freedom to provide services • 19 October 2017 • NUM. C-166/17
Jurisprudence • CJEU Case Law • Freedom of establishment, Gambling, Gibraltar • 12 October 2017 • NUM. C-192/16
Jurisprudence • CJEU Case Law • Freedom to provide services, Games of chance, Licences, Licensing, Online Gambling • 22 June 2017 • NUM. C-49/16
DUPLICATE CONTRACT BRIDGE - It suggests the Court to answer the question referred by the Upper Tribunal (Tax and Chancery Chamber) (United Kingdom) as follows: (1) Among the characteristics an activity must exhibit in order for it to be a ‘sport’ within the meaning of Article 132(1)(m) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (the ‘VAT Directive’) a physical element is not necessary. (2) Duplicate contract bridge as the activity at issue in the main proceedings is a ‘sport’ within the meaning of Article 132(1)(m) of the VAT Directive.
Jurisprudence • CJEU Case Law • Taxation • 15 June 2017 • NUM. C-90/16
Jurisprudence • CJEU Case Law • Charter of Fundamental Rights of the European Union, Freedom of establishment, Freedom to provide services, Games of chance, Overriding reasons in the public interest • 14 June 2017 • NUM. C-685/15
FREEDOM TO PROVIDE SERVICES - Article 355(3) TFEU, in conjunction with Article 56 TFEU, is to be interpreted as meaning that the provision of services by operators established in Gibraltar to persons established in the United Kingdom constitutes, as a matter of EU law, a situation confined in all respects within a single Member State
Jurisprudence • CJEU Case Law • Admissibility requirements, Freedom to provide services, Gibraltar, Online Gambling • 13 June 2017 • NUM. C-591/15
Jurisprudence • Gambling, Gambling Machines • 08 June 2017 • NUM. C-322/16
ONLINE GAMBLING - The Advocate General proposes that the Court answers the questions referred by the Fővárosi Közigazgatási és Munkaügyi Bíróság (Budapest Administrative and Labour Court, Hungary) as follows: Article 56 TFEU precludes national legislation such as that at issue in the main proceedings, that provides that an operator of online games of chance, legally established in another Member State, has the theoretical possibility of obtaining a licence when that operator is, in fact, impeded from obtaining a licence due to the system being either discriminatory or lacking the requirements of proportionality or transparency.
Jurisprudence • Online Gambling • 05 April 2017 • NUM. C-49/16
The Advocate General suggests that the Court should answer the question referred by the Landesverwaltungsgericht Oberösterreich (Upper Austria Regional Administrative Court) as follows: ‘Where the legislation of a Member State seeks to derogate from a fundamental freedom of the European Union, including the freedom to provide services under Article 56 TFEU and the freedom of establishment under Article 49 TFEU, neither Article 6 of the European Convention for the Protection of Fundamental Rights and Freedoms nor Article 47 of the Charter of Fundamental Rights of the European Union preclude a national rule according to which, in the case of administrative offence proceedings, the court or tribunal having jurisdiction to rule on the validity of that derogation in the light of EU law is required to investigate offences ex officio. However, it is for the Member State seeking to rely on the derogation to put forward the justification for the measure concerned so that the party charged with the offence is aware of the nature thereof and the court or tribunal in question can evaluate it and give a ruling. In that context, the following additional matters may also be relevant: – in reaching its decision on the matter, that court or tribunal is entitled to have access, should it so require, to experts who are independent and impartial; – whilst there is no general rule which requires the presence of a representative of the prosecuting authority at proceedings before the court or tribunal in question, such presence is, as a rule, appropriate in order to avoid legitimate doubts that may otherwise arise as to the impartiality of that court or tribunal.
Jurisprudence • CJEU Case Law • exclusive rights, Freedom of establishment, Freedom to provide services • 09 March 2017 • NUM. C-685/15
The Advocate General proposes to the Court to answer: The United Kingdom of Great Britain and Northern Ireland and Gibraltar are to be considered as a single Member State for the purposes of the application of Article 56 TFEU.
Jurisprudence • CJEU Case Law • Freedom to provide services, Gambling, Games of chance • 19 January 2017 • NUM. C-591/15
Jurisprudence • CJEU Case Law • exclusive licensee, State aid, Video lotteries • 21 December 2016 • NUM. C-131/15
SPORTSBETTING CONCESSIONS CALL FOR TENDERS - Article 49 TFEU must be interpreted as not precluding a national provision which imposes on operators wishing to respond to a call for tenders for the grant of concessions in the field of betting and gambling the obligation of providing evidence of their economic and financial standing by means of statements issued by at least two banks, without also allowing that standing to be proved by other means, where such a provision is capable of satisfying the conditions of proportionality laid down by the case-law of the Court, which is for the referring court to ascertain.
Jurisprudence • CJEU Case Law • Concessions, Freedom of establishment, Freedom to provide services, Sportsbetting • 08 September 2016 • NUM. C-225/15
Jurisprudence • CJEU Case Law • exclusive rights, State aid, Video lotteries • 28 July 2016
GAMBLING MACHINES - Article 56 TFEU must be interpreted as meaning that a review of the proportionality of restrictive national legislation in the area of games of chance must be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption.
Jurisprudence • CJEU Case Law • Freedom to provide services, Gambling Machines • 30 June 2016 • NUM. C-464/15
GAMBLING - Action or annulment dismissed concerning the European commission decision on the aid envisaged by France for horse-racing companies through a parafiscal levy collected on online horse-race betting. This decision was declaring the aid to be compatible with the internal market .
Jurisprudence • CJEU Case Law • Horseracing, Online Gambling, State aid • 26 April 2016 • NUM. T‑238/14