Laezza (Judgment) [2016] EUECJ C-375/14 (28 January 2016)

Laezza (Judgment) [2016] EUECJ C-375/14 (28 January 2016)

Articles 49 TFEU and 56 TFEU preclude a national provision requiring licensees to transfer, free of charge, tangible and intangible assets used for betting operations upon cessation of business due to licence expiry, insofar as such a restriction goes beyond what is necessary to attain the legitimate objective pursued; it is for the referring court to verify proportionality and necessity.

Citation
[2016] EUECJ C-375/14
Parties
Defendant: Ms Laezza; Interested Party: Stanley International Betting Ltd; Interested Party: Stanleybet Malta Ltd; Regulatory Authority: Customs and Monopolies Agency (CMA)
Jurisdiction
European Union
Judgment Date
28 January 2016
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Judgment of the Court of Justice of the European Union (third Chamber)
Outcome
Preliminary ruling: Articles 49 TFEU and 56 TFEU preclude a national provision requiring free-of-charge transfer of assets upon licence expiry if disproportionate; referring court to verify necessity.
Legal Topics
Freedom of Establishment, Freedom to Provide Services, Public Gambling Regulation, Proportionality, Non Discrimination, Licensing Requirements
European Union Law Administrative Law Criminal Law Freedom of Establishment Freedom to Provide Services Public Gambling Regulation Proportionality Non Discrimination +1 more

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Parties

Ms Laezza

Defendant

Stanley International Betting Ltd

Interested Party

Stanleybet Malta Ltd

Interested Party

Customs and Monopolies Agency (CMA)

Regulatory Authority

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Judgment of the Court of Justice of the European Union (third Chamber)

Legal Issues

  1. 1 Whether Articles 49 TFEU and 56 TFEU preclude a national provision requiring licensees to transfer, free of charge, tangible and intangible assets used for betting operations upon cessation of business due to licence expiry or revocation.

Ratio Decidendi

Articles 49 TFEU and 56 TFEU preclude a national provision requiring licensees to transfer, free of charge, tangible and intangible assets used for betting operations upon cessation of business due to licence expiry, insofar as such a restriction goes beyond what is necessary to attain the legitimate objective pursued; it is for the referring court to verify proportionality and necessity.

Court Disposition

Preliminary ruling: Articles 49 TFEU and 56 TFEU preclude a national provision requiring free-of-charge transfer of assets upon licence expiry if disproportionate; referring court to verify necessity.