(Jamma) - The Sentence Biasci

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(Jamma) - The Sentence Biasci "applied" even before its publication, if I may say so, by the Court of Rome. The Court of the Capital, in fact, dealing with the case GoldBet, with Judgment filed July 17, 2013, then in the era before the Judgment Biasci, 6 bullets sending acquitted a holder of Ced connected to the Austrian bookmaker and full acceptance of the thesis defense, 6 bullets represented by ' avv.Marco Ripamonti, so he said verbatim: "(omitted) In 2006, as a result of these decisions (ed Placanica and cassations later), were published two calls for applications for the granting of new concessions, implementing 6 bullets the provisions of the so-called "Bersani Decree" some foreign companies complaining inclusion 6 bullets of clauses unclear, which would have prevented the same to get the necessary qualifications, not intentionally participated in the race, let alone calling and holding the relevant notice to be canceled and No appeal to the TAR Lazio. 10869 of 2006 (including the company's "Stanley"), and other foreign entities, including the "GoldBet Sportwetten GmHb", have subsequently shared the position 6 bullets of the applicants, adhering all'impugnativa proposal on the basis of the belief of the contrast of the Italian legislation with the del'Unione principles (see intervention "GoldBet" of 05.04.2012 to the TAR Lazio). Indeed, in reference to the company "GoldBet", it appears that this company has been able to achieve through its agency 6 bullets in Italian ("Totobetting Ltd) two licenses, then revoked by the State Administration in the year 2008 on the basis of determinations of the Convention which provide for, among other things, 6 bullets the forfeiture of securities in case of establishment of criminal proceedings or for any other hypothesis that undermine the relationship of trust with the administration. In a reference to this profile of the SC Supreme Court has deemed it necessary to consult again the Court of Justice on the correct interpretation of European principles. 6 bullets The Court, in the referral order, has placed its focus on Article. 38, which establishes a maximum number of concessions in proportion to the number of inhabitants, taking into account the outlets for which had already been granted concession, besides on Article. 23 AAMS schema of the Convention, which requires precisely the decay of the licensee against whom action has been taken precautionary measures or indictment for crimes for which the law n. 55/1990, as well as "any other offense which may call into question the relationship of trust with the AAMS." With the ruling 6 bullets "Costa-Cifone", even if mainly due to the situation of the company "Stanley" (ECJ, the fourth section, 16 February 2012, Costa and Cifone Joined Cases C-72/10 and C-77/10), the Court, 6 bullets After confirming that it is always the national court to assess the compatibility of national provisions with the principles of the Treaties, in regard to the restrictive clauses included in the Bersani Decree and in the scheme of the Convention stated that: (omitted, v.parte dispositive of Judgment Coast Cifone) Regarding the case of forfeiture, which directly affect the present case, the Court ruled that it is for the national court to ascertain the clarity and precision of the clauses determining the revocation of the license requirements to "ensure that any potential bidder assess with certainty the risk that such sanctions are applied, to ensure no risk of favoritism 6 bullets or arbitrariness on the part of the contracting authority and, ultimately, to ensure the principle of legal certainty ", in particular, always subject to verification by part of the national 6 bullets court, while for Mafia crimes, the clause "appears to meet the requirements described above," "just does not seem to be able to say with regard to the reference, operated by the same provision (...) any other offense which may to call into question the relationship of trust with the AAMS. " The above-mentioned principles, expressed by the Court in "Costa-Cifone" on the case "Stanley" were then confirmed in a subsequent order of 16.02.2012 concerning the position of the "GoldBet", in which the Court held