Official Journal of the European Union

C 288/6

Judgment of the Court (Grand Chamber) of 8 September 2010 (reference for a preliminary ruling from the Verwaltungsgericht Köln (Germany)) — Winner Wetten GmbH v Mayor of Bergheim

(Case C-409/06) (1)

(Articles 43 EC and 49 EC - Freedom of establishment - Freedom to provide services - Organisation of bets on sporting competitions subject to a public monopoly at Land level - Decision of the Bundesverfassungsgericht finding the legislation for such a monopoly incompatible with the German Basic Law, but maintaining the legislation in force during a transitional period designed to allow it to be brought into conformity with the Basic Law - Principle of the primacy of Union law - Admissibility of, and possible conditions for, a transitional period of that type where the national legislation concerned also infringes Articles 43 EC and 49 EC)

(2010/C 288/10)

Language of the case: German

Referring court

Verwaltungsgericht Köln

Parties to the main proceedings

Applicant: Winner Wetten GmbH

Defendant: Mayor of Bergheim


Reference for a preliminary ruling — Verwaltungsgericht Köln — Interpretation of Arts 43 EC and 49 EC — National legislation, making the business of collecting, accepting, registering and transmitting bets subject to obtaining authorisation, declared unconstitutional by the Bundesverfassungsgericht — Direct effect and primacy of Community law — Temporal limitation on the effects of the judgment

Operative part of the judgment

By reason of the primacy of directly-applicable Union law, national legislation concerning a public monopoly on bets on sporting competitions which, according to the findings of a national court, comprises restrictions that are incompatible with the freedom of establishment and the freedom to provide services, because those restrictions do not contribute to limiting betting activities in a consistent and systematic manner, cannot continue to apply during a transitional period.

(1)  OJ C 326, 30.12.2006.