Last 7 March, the Council of State referred to the European Court of Justice (EUCJ) questions that raise doubts about the compliance of the gambling advertising blanket ban introduced in Italy in July 2018 with art. 9 of the Dignity Decree, with some EU regulations and Treaty principles.
The matter arises from an appeal brought by LeoVegas, a remote gambling concessionaire in Italy, against the decision of the administrative Court of first instance that had rejected its claim against a fine imposed by the Italian Media Authority, AGCOM, for having advertised games on its own TV gambling channel during night hours in violation of the advertising blanket ban for gambling. To be noted, the gambling channel was duly authorised by the Italian gambling authority.
Within the administrative litigation, the following, among others, were alleged:
- the illegitimacy of the gambling advertising total ban, which was adopted in violation of the prior notification procedure provided for by the Directive (EU) 2015/1535; and
- the violation of the freedom to provide services and the freedom of establishment enshrined in art. 49 and 56 of the European Treaty, as well as the principles of coherence, necessity, proportionality, and legal certainty, as the total ban for gambling advertising was introduced without a prior assessment and right after a new tender for the remote gambling concessions’ assignment.