29.10.2011 |
EN |
Official Journal of the European Union |
C 319/3 |
Judgment of the Court (Fourth Chamber) of 15 September 2011 (reference for a preliminary ruling from the Bezirksgericht Linz — Austria) — Criminal proceedings against Jochen Dickinger, Franz Ömer
(Case C-347/09) (1)
(Freedom to provide services - Freedom of establishment - National legislation laying down a monopoly of the operation of internet casino games - Conditions under which permissible - Expansionist commercial policy - Checks on operators of games of chance carried out in other Member States - Monopoly awarded to a company governed by private law - Possibility of obtaining the monopoly reserved to capital companies established in national territory - Holder of the monopoly prohibited from setting up branches outside the Member State of establishment)
2011/C 319/04
Language of the case: German
Referring court
Bezirksgericht Linz
Parties in the main proceedings
Jochen Dickinger, Franz Ömer
Re:
Reference for a preliminary ruling — Bezirksgericht Linz — Interpretation of Articles 43 EC and 49 EC — National legislation prohibiting, on pain of criminal penalties, the operation of games of chance without a licence issued by the competent authority, but reserving the possibility of obtaining such a licence, for a maximum period of 15 years, to capital companies which are established within the country and which do not have branches abroad
Operative part of the judgment
1. |
European Union law, in particular Article 49 EC, precludes the imposition of criminal penalties for infringing a monopoly of operating games of chance, such as the monopoly of operating online casino games laid down by the national legislation at issue in the main proceedings, if such legislation is not compatible with European Union law. |
2. |
Article 49 EC must be interpreted as applying to services of games of chance marketed over the internet in the territory of a host Member State by an operator established in another Member State despite the fact that the operator:
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3. |
Article 49 EC must be interpreted as meaning that:
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