Unibet International (Judgment) French Text [2017] EUECJ C-49/16 (22 June 2017)

Unibet International (Judgment) French Text [2017] EUECJ C-49/16 (22 June 2017)

Article 56 TFEU precludes national legislation establishing a concession and authorisation regime for online gambling that contains discriminatory rules against operators from other Member States, or applies non-discriminatory rules in a non-transparent manner or so as to hinder access by such operators. Sanctions...

Source-derived case information.

Citation
[2017] EUECJ C-49/16
Parties
Applicant: Unibet International Ltd.; Respondent: Nemzeti Adó- és Vámhivatal Központi Hivatala; Intervener: Government of Belgium; Intervener: Government of Portugal; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (article 267 Tfeu) / Judgment
Outcome
Reference for a preliminary ruling answered; national legislation precluded by Article 56 TFEU; sanctions under such legislation also precluded.
Legal Topics
Free Movement of Services, Gambling Regulation, Discrimination, Proportionality, Transparency in Public Procurement
European Union Law Administrative Law Free Movement of Services Gambling Regulation Discrimination Proportionality Transparency in Public Procurement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Unibet International Ltd.

Applicant

Nemzeti Adó- és Vámhivatal Központi Hivatala

Respondent

Government of Belgium

Intervener

Government of Portugal

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling (article 267 Tfeu) / Judgment

  1. 1 Whether Hungarian legislation on online gambling concessions and authorisations constitutes a restriction on the freedom to provide services under Article 56 TFEU
  2. 2 Whether such restriction is justified and proportionate
  3. 3 Whether sanctions imposed under a regime contrary to Article 56 TFEU are lawful

Ratio Decidendi

Article 56 TFEU precludes national legislation establishing a concession and authorisation regime for online gambling that contains discriminatory rules against operators from other Member States, or applies non-discriminatory rules in a non-transparent manner or so as to hinder access by such operators. Sanctions imposed for breach of such a regime are also precluded if the regime is contrary to Article 56 TFEU.

Court Disposition

Reference for a preliminary ruling answered; national legislation precluded by Article 56 TFEU; sanctions under such legislation also precluded.

Orders

  • Article 56 TFEU precludes national legislation on online gambling concessions and authorisations that is discriminatory or non-transparent or hinders access by operators from other Member States.
  • Article 56 TFEU precludes sanctions imposed for breach of such a regime if the regime is contrary to Article 56 TFEU.