Judgment of the Court (Ninth Chamber) of 16 March 2023 –
OL (Extension of Italian licences)

(Case C‑517/20) ( 1 )

(Reference for a preliminary ruling – Articles 49 and 56 TFEU – Betting and gaming – Licences for the collection of bets – Extension of licences already granted – Regularisation of data transmission centres carrying out that activity in the absence of a licence and police authorisation – Extension of the rights derived from that regularisation – Limited period)

Freedom of establishment – Freedom to provide services – Restrictions – Games of chance – Extension of licences already granted – Extension of rights derived from a regularisation of data transmission centres carrying out bet collection in the absence of a licence and police authorisation – Not permissible – Justification – Continuity of an inspection of the operators of that sector in order to guarantee consumer protection – Proportionality – Verification by the national court

(Arts 49 and 56 TFEU)

(see paragraphs 42-45, 48, 49, 51-53, 56, operative part)

Operative part

Articles 49 and 56 TFEU must be interpreted as precluding an extension of the licences in the betting and gaming sector and of the rights deriving from the regularisation of the situation of data transmission centres which were already carrying out, on a specific date, activities of bet collection in favour of foreign bookmakers not in possession of a licence and police authorisation, in so far as such an extension, which may be justified in particular by overriding reasons in the public interest such as the objective of ensuring the continuity of an inspection of the operators of that sector in order to guarantee consumer protection, is not appropriate for attaining that objective or goes beyond what is necessary to achieve it.

( 1 ) OJ C 257, 4.7.2022.