Case C‑156/13

Digibet Ltd

and

Gert Albers

v

Westdeutsche Lotterie GmbH & Co. OHG

(Request for a preliminary ruling from the Bundesgerichtshof)

‛Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Betting and gaming — Federal legislation banning games of chance via the internet which was not applied for a limited period in a federal entity of a Member State — Consistency — Proportionality’

Summary — Judgment of the Court (Third Chamber), 12 June 2014

1. Freedom of establishment — Freedom to provide services — Restrictions — Betting and gaming — National legislation granting exclusive rights to organise those games to a single operator subject to State supervision — Unlawful — Justification — Overriding reasons in the public interest — Consumer protection and the prevention of both fraud and incitement to squander money on gambling — Margin of discretion of the Member States in the determination of those objectives

   (Arts 51 TFEU, 52 TFEU and 62 TFEU)

2. Freedom to provide services — Restrictions — Betting and gaming — Legislation common to the majority of the federal states of a Member State which bans games of chance via the internet which was not applied for a limited period in a federal entity of that Member State — Lawfulness — Proportionality — Verification by the national court

   (Art. 56 TFEU)

1.  See the text of the decision.

   (see paras 22-24)

2.  Article 56 TFEU must be interpreted as not precluding legislation common to the majority of the federal entities of a Member State having a federal structure which prohibits, in principle, the organisation and facilitation of games of chance via the internet, where, for a limited period, a single federal entity has maintained in force more liberal legislation coexisting with the restrictive legislation of the other federal entities, provided that such legislation is able to satisfy the conditions of proportionality laid down by the case-law of the Court, which is for the national court to ascertain.

   (see para. 41, operative part)

Case C‑156/13

Digibet Ltd

and

Gert Albers

v

Westdeutsche Lotterie GmbH & Co. OHG

(Request for a preliminary ruling from the Bundesgerichtshof)

‛Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Betting and gaming — Federal legislation banning games of chance via the internet which was not applied for a limited period in a federal entity of a Member State — Consistency — Proportionality’

Summary — Judgment of the Court (Third Chamber), 12 June 2014

1. Freedom of establishment — Freedom to provide services — Restrictions — Betting and gaming — National legislation granting exclusive rights to organise those games to a single operator subject to State supervision — Unlawful — Justification — Overriding reasons in the public interest — Consumer protection and the prevention of both fraud and incitement to squander money on gambling — Margin of discretion of the Member States in the determination of those objectives

   (Arts 51 TFEU, 52 TFEU and 62 TFEU)

2. Freedom to provide services — Restrictions — Betting and gaming — Legislation common to the majority of the federal states of a Member State which bans games of chance via the internet which was not applied for a limited period in a federal entity of that Member State — Lawfulness — Proportionality — Verification by the national court

   (Art. 56 TFEU)

1.  See the text of the decision.

   (see paras 22-24)

2.  Article 56 TFEU must be interpreted as not precluding legislation common to the majority of the federal entities of a Member State having a federal structure which prohibits, in principle, the organisation and facilitation of games of chance via the internet, where, for a limited period, a single federal entity has maintained in force more liberal legislation coexisting with the restrictive legislation of the other federal entities, provided that such legislation is able to satisfy the conditions of proportionality laid down by the case-law of the Court, which is for the national court to ascertain.

   (see para. 41, operative part)