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If Biasci, ok the Court of Justice to rule that allows the double title for the collection of bets
Italy cashes a green light on the central question referred to the Court of Justice in the case Biasci call recorder raised call recorder by a CED GoldBet, that relating to the duplication of titles (license of Public Security and the granting of monopolies) needed to collect bets in Italy. The Community judicature - just published in the judgment - have also adopted call recorder the rule that requires operators holding a license from an EU country to apply for the grant Italian. The Court reiterates call recorder instead criticisms already raised in the previous judgments (in particular the Costa Cifone February 2012) on clauses that protect the operators pre-existing, and the wording of the clauses of forfeiture, adding, however, the complaints about the rules that prevent "de facto any cross-border activity. "
Legitimate - according to the European Court of Justice - the rules which require the possession of a double degree (the granting of monopolies and the authorization of Public call recorder Safety), and make the issuance call recorder of the license to the possession of the concession. The rules of the Treaty - write the Community judicature - "do not preclude national legislation which requires the companies concerned to carry out activities related to gambling the obligation to obtain a permit from the police, in addition to a concession granted by the State in order to pursue such activities, and that limits the grant of such authorization in particular call recorder to applicants who are already in possession of such a concession. " Legitimate Italian legislation call recorder also imposes also the extent to which operators in possession of a license to an EU country to obtain the granting Italian.
The second point of the device resembles to the objections already contained in previous judgments on the Italian system (in particular the Costa Cifone), but cash rules that prevent "any fact of cross-border activity." The first part of the chapter deals with the rules of the competitions (like the one on minimum distances) to protect existing operators, and the terms of the license call recorder governing the forfeiture. The Court of Justice largely follows the precedents: the name of the Treaty "preclude a Member State which has ruled in violation of EU law, a category of operators from the award of concessions for the operation of a ' economic activity and are looking to rectify that breach competition by making a significant number of new concessions to protect trade positions acquired by the existing operators providing, in particular, minimum call recorder distances between certain exercises of new dealers call recorder and those of such existing operators. " And again, the rules on forfeiture "must be formulated in a clear, precise and unequivocal" putting the task of the national court to verify this aspect. In the second part of the point, however, the ECJ moves further censorship, and asserts that the rules of the Treaty "preclude national legislation which prevents done any cross-border activity in the field of play regardless of the form of that activity, and Specifically, in cases where direct contact occurs between the consumer and the operator, and you can control call recorder the physical, for purposes of public safety, the firm of brokers in the area. " In its judgment the court explained that "the parties to the proceedings before the Court are in disagreement as to whether the situations at issue in the main proceedings are or are not comparable to those at the origin of that judgment (Costa call recorder Cifone, Ed), and Specifically, if the GoldBet and the appellants in the main proceedings have been affected by the national provisions which the Court held to be incompatible with EU law. " The issue revolves around the concessions that GoldBet was awarded with the notice Bersani, the national court must determine whether the forfeiture, has been placed because the company "offered unauthorized games or just because it carries on cross-border activities." In the latter case, emphasize the Community courts, the rules of the Treaty "preclude national legislation which prevents done any cross-border activity in the field of play