European Court of Justice announces Placanica judgement to 6. March 2007 - Decision of general principle to sport bets?
Attorney Martin Arendts, M.B.L. - HSG (www.wettrecht.de)
(openPR) - the European Court of Justice (EuGH) becomes its already for a long time expected judgement in the connected legal matters Placanica among other things (R-S. C-338/04, C-359/04 and C-360/04) on Tuesday, the 6. March 2007, around 9:30 clock announce. The offerers and mediator concerned as well as many courts and authorities expect themselves from this decision a further clarifying of the legal situation with the within-transnational offer of sport bets.
As is the case for the Gambelli judgement and the Zenatti judgement which was issued before the Placanica decision a criminal procedure is the basis against sport bet mediators, the contracts over sport bets from Italy to a British bookmaker, who had placed company Stanley internationally Betting Ltd.. In now from the EuGH to judging three collecting main procedures two Italian courts, tribunals the Larino and tribunals the Teramo, fundamental doubts to the Rechfertigung of the Italian concession system and about criminal sanctioning had expressed.
Background for the renewed collecting main despite end of 2003 the been issued Gambelli judgement was briefly a judgement of the Italian court of cassation yard (Corte suprema di cassazione), announced thereafter. This had stated in its decision No. 23271/04 that it was not task of the judge to decide on the suitability and proportionateness from penalty clauses to. Those the British bookmaker given permission has an only territorial character.
At the compatibility of this argumentation with European right the submitting Italian courts expressed thorough doubts. In the Gambelli judgement the EuGH had demanded expressly an examination of the suitability and proportionateness and had referred to the monitoring in the mother country of the bookmaker.
The general attorney of the EuGH Colomer published to 16. May 2006 its final pleas, an extensive legal opinion, to this legal matter. He came to the conclusion that a monitoring was sufficient in the mother country of the bookmaker. The Italian beginning, to the territorial character of the permission too appoint yourself, offence against the community loyalty. From the principle of the mutual acknowledgment the general attorney concluded: „If after it an organizer from another member state the there valid legal requirements fulfilled, the authorities of the state, in which the service is furnished, must assume this is a sufficient warranty for its integrity. “In the rest of judged it the Italian regulations as discriminating, so that they are not applicable already alone for this reason. Beyond that the regulations are also not relative.
It remains exciting whether the EuGH will essentially follow the final pleas of the general attorney or not. On the one hand the legal matter concerns a high-political topic, so that perhaps the Court of Justice wants to avoid a too clear statement. This would have, if the EuGH should follow the final pleas, substantial financial effects (also on Germany), since it would mean the actual end of the national monopoly. On the other hand it will not probably bear the EuGH that a national maximum court (here the Italian court of cassation yard) ignores its iurisdiction, here in particular only briefly before the formulated Gambelli criteria, roughly. Also in view of rope that legal proceedings before national courts would be more than desirable the legal situation clarifying „call to order “from Luxembourg from view of practice.
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