Case C‑255/16

Criminal proceedings against

v

Bent Falbert and Others

(Request for a preliminary ruling from the Københavns byret)

(References for a preliminary ruling — Information procedure in the field of technical rules and regulations — National legislation clarifying or introducing a prohibition on unauthorised offering of gaming, lotteries and betting and introducing a prohibition on unauthorised offering of advertising for gaming, lotteries and betting)

Summary — Judgment of the Court (First Chamber), 20 December 2017

Approximation of laws — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Directive 98/34 — Technical regulation — Definition — National provision providing for criminal sanctions where a person offers gaming, lotteries or betting without authorisation — Not included — National provision providing for criminal sanctions in the case of advertising for unlicensed gaming, lotteries or betting — Included

(European Parliament and Council Directive 98/34, as amended by Directive 98/48, Arts 1 and 8(1))

Article 1 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, must be interpreted as meaning that a national provision such as that at issue in the main proceedings, which provides for criminal sanctions where an unauthorised offer is made of gaming, lotteries or betting on the national territory, does not constitute a technical regulation within the meaning of that provision, subject to the notification obligation under Article 8(1) of that directive.

However, a national provision such as that at issue in the main proceedings, which provides for sanctions in the event of advertising for unauthorised gaming, lotteries or betting, does constitute a technical regulation within the meaning of that provision, subject to the notification obligation under Article 8(1) of that directive, as it is clear from the travaux préparatoires for that provision of national law that its object and purpose was to extend a pre-existing prohibition on advertising to cover online gaming services, which it is for the national court to determine.

(see para. 37, operative part)