Law - The Case of the ECJ Placanica
The Court of Justice (ECJ) has to deliberate on the case Placanica between the state and Italian society Stanley, quoted on the London Stock Exchange operating in the area of games (gambling and online gaming in particular). The ruling of the ECJ has comdamner the Italian state, which it said prevented the company of Stanley legally denying that right in violation of law.
Background: In 2004, the directors of the company Stanley were charged in Italy before the Tribunale di Larino and the Tribunale di Teramo for exercising an organized activity of collecting bets without police authorization required. In other words, the Internet enabled Stanley Italian place bets on various sporting events through its website without the agreement of the Italian authorities. These courts have asked the Court of Justice of the European Communities whether the Italian legislation on gambling was consistent with the principles of freedom of establishment and freedom to provide services.
The ruling of the ECJ (C-338/04, C-359/04 and C-360/04) of 06 March, is clear: "The court considers the Italian criminal penalties for the collection of bets by intermediaries acting on behalf of foreign companies are contrary to Community law. " She believes the ruling "a Member State may apply a penalty for failure to perform an administrative or makes it impossible not in breach of Community law."
That means that the Italian legislation on gambling is contrary to European law. Thus, a State member of the European Union can not punish a company that has a gaming license issued by a legal member states because "it makes it impossible to grant this license in violation of law." This that was the case of Italy in this case, but what also seems true for other countries being monitored closely by the EU such as France or Germany.
This ruling does not change anything in itself but clearly highlights the contrast between the national law of these countries, and thus close the market for online games (betting, poker, casino ...) in violation of European law, and Community law. It also has the merit of case law and conceded to companies online game holds statutory licenses, yet face the national laws of some countries that are still hostile despite European laws.
As it stands, this case certainly does nothing to change the position of these countries at present but there is no doubt that the question of the gap between the current Member States and Community law must be resolved in the coming months. L'europe, must also soon make its opinion on the position of 7 Member States (France, Germany ...) whose practices in this sector could be regarded as anticompetitive and contrary to the provisions of the Treaty.
Tags: English, French, Gambling, Legislation, Law, European Union
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