Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/08/2010

Subject: The Court affirmed that a Member State’s choice to use a public monopoly on bets on sporting competitions and lotteries rather than a system authorising the business of private operators which would be permitted to carry on their business in the context of a non-exclusive legislative framework is capable of satisfying the requirement of proportionality, in so far as, as regards the objective concerning a high level of consumer protection, the establishment of the said monopoly is accompanied by a legislative framework suitable for ensuring that the holder of the said monopoly will in fact be able to pursue, in a consistent and systematic manner, such an objective by means of a supply that is quantitatively measured and qualitatively planned by reference to the said objective and subject to strict control by the public authorities. However, the national court may legitimately be led to consider that, under certain circumstances, such a monopoly is not suitable for guaranteeing achievement of the objective for which it was established, of preventing incitement to squander money on gambling and combating addiction to the latter, by contributing to reducing opportunities for gambling and limiting activities in that area in a consistent and systematic manner.

Parties: Markus Stoß, Avalon Service Online Dienste GmbH, Olaf Amadeus Wilhelm Happel, Automatenservice Asperg GmbH, SOBO Sport & Entertainment GmbH, Andreas Kunert

Classification: Freedoms - Art. 15 Right of establishment - Freedom to provide services

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