Engelmann (Freedom to provide services) [2010] EUECJ C-64/08 (09 September 2010)

Engelmann (Freedom to provide services) [2010] EUECJ C-64/08 (09 September 2010)

Article 43 EC precludes national legislation requiring gaming concessionaires to have their seat in the Member State, as it is discriminatory and disproportionate. The obligation of transparency under Articles 43 and 49 EC precludes the grant of all gaming concessions without a competitive procedure, as it violates equal treatment and non-discrimination principles.

Citation
[2010] EUECJ C-64/08
Parties
Defendant: Mr Engelmann; Concessionaire (not a Direct Party): Casinos Austria AG; Respondent: Austrian Government
Jurisdiction
European Union
Judgment Date
23 February 2010
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Ruling on Referred Questions From Landesgericht Linz (regional Court, Linz)
Outcome
Reference answered; national law precluded to the extent indicated.
Legal Topics
Freedom of Establishment, Freedom to Provide Services, Gaming Law, State Monopoly, Discrimination on Grounds of Nationality, Transparency in Public Procurement
European Union Law Criminal Law Administrative Law Freedom of Establishment Freedom to Provide Services Gaming Law State Monopoly Discrimination on Grounds of Nationality +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mr Engelmann

Defendant

Casinos Austria AG

Concessionaire (not a Direct Party)

Austrian Government

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Ruling on Referred Questions From Landesgericht Linz (regional Court, Linz)

Legal Issues

  1. 1 Whether Article 43 EC precludes national legislation requiring gaming concessionaires to have their seat in the Member State.
  2. 2 Whether Articles 43 EC and 49 EC preclude the grant of all gaming concessions without a competitive procedure or transparency.
  3. 3 Whether the limitation of concessions and their duration are compatible with EU law.

Ratio Decidendi

Article 43 EC precludes national legislation requiring gaming concessionaires to have their seat in the Member State, as it is discriminatory and disproportionate. The obligation of transparency under Articles 43 and 49 EC precludes the grant of all gaming concessions without a competitive procedure, as it violates equal treatment and non-discrimination principles.

Court Disposition

Reference answered; national law precluded to the extent indicated.

Orders

  • Article 43 EC precludes legislation requiring gaming concessionaires to have their seat in the Member State.
  • Obligation of transparency under Articles 43 and 49 EC precludes grant of all gaming concessions without a competitive procedure.