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Document 62005CO0466

    Order of the Court (Sixth Chamber) of 6 March 2007.
    Gianluca Damonte.
    Reference for a preliminary ruling: Tribunale di Lecce - Italy.
    First subparagraph of Article 104(3) of the Rules of Procedure - Freedom of establishment - Freedom to provide services - Interpretation of Articles 43 EC and 49 EC - Games of chance - Collection of bets on sporting events - Licensing requirement - Exclusion of certain operators by reason of their type of corporate form - Requirement of police authorisation - Criminal penalties.
    Case C-466/05.

    European Court Reports 2007 I-00027*

    ECLI identifier: ECLI:EU:C:2007:136

    Date of document:
    06/03/2007
    Date lodged:
    27/12/2005
    Author:
    Court of Justice
    Country or organisation from which the request originates:
    Italy
    Form:
    Order
    Authentic language:
    Italian
    Type of procedure:
    Reference for a preliminary ruling
    Judge-Rapporteur:
    Schiemann
    Advocate General:
    Ruiz-Jarabo Colomer
    National court:

    *A9* Tribunale di Lecce, ordinanza del 06/12/2005 (5510/04 RGNR 326/05 RG)

    *P1* Tribunale di Lecce, ordinanza del 05/06/2007 (5510/04 RGNR ; 326/05 RG)
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Case affecting:
    Instruments cited in case law:





    Order of the Court (Sixth Chamber) of 6 March 2007 – Criminal proceedings against Damonte

    (Case C‑466/05)

    First subparagraph of Article 104(3) of the Rules of Procedure – Freedom of establishment – Freedom to provide services – Interpretation of Articles 43 EC and 49 EC – Games of chance – Collection of bets on sporting events – Licensing requirement – Exclusion of certain operators by reason of their type of corporate form – Requirement of police authorisation – Criminal penalties

    Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Restrictions (Arts 43 EC and 49 EC) (see para. 7, operative part 1-4)

    Re:

    Reference for a preliminary ruling – Tribunale di Lecce – Interpretation of Articles 43 EC and 49 EC – National legislation making the collection of bets subject to a licensing requirement.

    Operative part:

     

    National legislation which prohibits the pursuit of the activities of collecting, taking, booking and forwarding offers of bets, in particular bets on sporting events, without a licence or a police authorisation issued by the Member State concerned constitutes a restriction on the freedom of establishment and freedom to provide services laid down in Articles 43 EC and 49 EC respectively.

     

    It is for the national court to determine whether, in so far as national legislation limits the number of operators active in the betting and gaming sector, it genuinely contributes to the objective of preventing the exploitation of activities in that sector for criminal or fraudulent purposes.

     

    Articles 43 EC and 49 EC must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which excludes – and, moreover, continues to exclude – from the betting and gaming sector operators in the form of companies whose shares are quoted on the regulated markets.

     

    Articles 43 EC and 49 EC must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which imposes a criminal penalty on persons such as the defendant in this case for pursuing the organised activity of collecting bets without a licence or a police authorisation as required under the national legislation, where those persons were unable to obtain licences or authorisations because that Member State, in breach of Community law, refused to grant licences or authorisations to such persons.

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