18 octobre 2021
Free movement of persons and services – Lotteries and games of chance
A national court, hearing an assessment of the lawfulness of a penalty imposed for infringement of a monopoly in the sector of games of chance must specifically assess the compatibility with Article 56 TFEU of the penalties laid down by the applicable legislation, having regard to the actual rules for determining them.
CJEU Case C-231/20 MT v Landespolizeidirektion Steiermark, Judgment of 14 October 2021, LawLex202100005585JBJ
Free movement of persons and services – Lotteries and games of chance
A national provision may, without violating Article 56 TFEU, make it mandatory, in cases where prohibited lotteries have been made commercially available, to i) impose a minimum fine per unauthorized gaming machine, with no limit on the total amount of the fines imposed, to the extent that the total amount of the fines imposed is not disproportionate to the economic benefit which the infringements thus penalized might provide, ii) impose a custodial sentence in lieu of a fine per unauthorized gaming machine, with no limit on the total length of the custodial sentences imposed, to the extent that the length of the custodial sentence is not excessive in the light of the seriousness of the infringements found, and iii) contribute to the costs of proceedings amounting to 10% of the fines imposed, provided that that contribution is neither excessive in the light of the actual cost of such proceedings nor infringes the right of access to a tribunal.
CJEU Case C-231/20 MT v Landespolizeidirektion Steiermark, Judgment of 14 October 2021, LawLex202100005585JBJ
