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Case Law C- 338/04, C 359/04 e C 360/04 (06/03/2007)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 03/06/2007

Subject: The Court leaves to national courts to determine whether, in so far as Italian legislation limits the number of operators active in the betting and gaming sector, it genuinely contributes to the objective of preventing the exploitation of activities in that sector for criminal or fraudulent purposes. The Court rules that the exclusion of the betting and gaming sector operators in the form of companies, whose shares are quoted on the regulated markets, from call for tenders to be granted concessions is precluded by community law. Finally the Court makes it clear that a Member State may not apply a criminal penalty for failure to complete an administrative formality where such completion has been refused or rendered impossible by the Member State concerned, in breach of Community law.

Parties: Placanica, Palazzese, Sorricchio

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

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