1. 

Questions referred for a preliminary ruling—Questions the answer to which may be clearly deduced from the Court’s existing case-law—Application of Article 99 of the Rules of Procedure

(Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99)

(see paras 13, 14, 39)

2. 

Questions referred for a preliminary ruling—Admissibility—Need to provide the Court with sufficient information on the factual and legislative context—Scope—Application not providing sufficient detail on the factual and legal context—Impossibility for the Court to provide a useful answer to the referring court—Manifest inadmissibility

(Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 94(a) and (c))

(see paras 15-17, 43-45, 47-49, operative part 3)

3. 

Questions referred for a preliminary ruling—Admissibility—Limits—Clearly irrelevant questions and hypothetical questions put in a context not permitting a useful answer—Questions bearing no relation to the subject matter of the case in the main proceedings—Inadmissibility

(Art. 267 TFEU; Rules of Procedure of the Court of Justice, Arts 53(2) and 94)

(see paras 23-25, operative part 3)

4. 

Freedom to provide services—Free movement of capital—Provisions of the Treaty—Examination of a national measure affecting both freedoms—Criteria for determining the applicable rules

(Arts 56 TFEU and 63 TFEU)

(see para. 31)

5. 

Freedom to provide services—Restrictions—Betting and gaming—National legislation conferring an exclusive right to organise gambling on a single operator subject to strict State control—National legislation prohibiting private operators established in other Member States from offering games of chance on the internet in the territory of the Member State concerned—Justification—Fight against fraud and crime—Lawfulness

(Art. 56 TFEU)

(see paras 34-36, operative part 1)

6. 

Freedom to provide services—Restrictions—Betting and gaming—National legislation conferring an exclusive right to organise gambling on a single operator subject to strict State control—National legislation prohibiting the advertising of games of chance with the exception of those organised by a single operator—Lawfulness

(Art. 56 TFEU)

(see paras 40, 41, operative part 2)

1. 

Article 56 TFEU does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators established in other Member States from offering games of chance via a website, where it confers the exclusive right to operate such games on a single operator subject to strict public-authority control.

2. 

Article 56 TFEU does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits advertising of games of chance except for games organised by a single operator which has been granted the exclusive right to organise those games.

3. 

The first, fifth, sixth, eighth, ninth and tenth questions referred by the Supremo Tribunal de Justiça (Supreme Court, Portugal) are manifestly inadmissible.