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European Observer on fundamental right's respect

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Case Law C-46/08 (08/09/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/08/2010

Subject: The Court affirmed that where a system of prior administrative authorisation is established in a Member State as regards the supply of certain types of gambling, such a system, which derogates from the freedom to provide services guaranteed by Article 49 EC, is capable of satisfying the requirements of that latter provision only if it is based on criteria which are objective, non discriminatory and known in advance, in such a way as to circumscribe the exercise of the national authorities’ discretion so that it is not used arbitrarily. Furthermore, any person affected by a restrictive measure based on such a derogation must have an effective judicial remedy available to them. National legislation prohibiting the organisation and intermediation of games of chance on the internet for the purposes of preventing the squandering of money on gambling, combating addiction to the latter and protecting young persons may, in principle, be regarded as suitable for pursuing such legitimate objectives, even if the offer of such games remains authorised through more traditional channels. The fact that such a prohibition is accompanied by a transitional measure such as that at issue in the main proceedings is not capable of depriving the said prohibition of that suitability.

Parties: Carmen Media Group Ltd

Classification: Freedoms - Art. 15 Right of establishment - Freedom to provide services - Justice - Art. 47 Justice: remedy - Justice: effective

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