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European Court of Justice decision in Placanica case

By Daniel Michaels, Mar 28th 2007
The judgment made by European Court of Justice (ECJ) in the Placanica case is part of a larger decision regarding the freedom of services as a fundamental support of the European Union.

The whole problem begins with the Italian legislation which states that prohibiting the betting under threat of imprisonment means violating the freedom of establishment and services under the Treaty on European Union.

The judgment in the "Placanica" case means that the Italian legislation prohibiting the cross-border provision of betting under threat of detention is in violation of the freedom of establishment and services under the Treaty on European Union.

EU legislation didn’t, until now, include a clause about state monopolies, but it seems that it's going to be necessary to add one.

Professor Siegbert Alber, former Vice-President of the European Parliament and Advocate General in the Gambelli events said of the ECJ ruling:

“In order to regulate the gaming system there must be actions taken regarding monopolies and also the granting of licenses. Speaking about the Placanica case, Italy's state case that the need for a monopoly tis more necessary there than other states. Italy sustains that the approach to the monopoly helps to combat illegal gaming operators and also to increase revenues”.

Today's Placanica judgment by the ECJ provides confirmation of the legal opinion made by Italian gambling advocates and also the freedom of services within the European Union.

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