In the latter case, the croupiers were represented by Cosimo Cisternino, a lawyer from Padua.  Judge Bortolaso explained in her 25 page long ruling why she had upheld the case brought by the croupiers, and presumably her colleague followed the same interpretation of the law. In her ruling, the Venetian magistrate analysed in great detail the reasons put forward by the croupiers and the objections by the Casino, and at the end she argued that «there is no alternative but to apply the provision agreed by the parties at the time of drawing up the contract».

Moreover, the ruling states that the evidence submitted «confirms first of all that the provision in question had been introduced to safeguard new and existing Casino employees against the possibility that their individual tips would be reduced following the engagement of new employees as required by the opening in 1999 of Ca' Noghera, the new Venice gaming centre on the mainland.

Facing such eventuality, the Company took on the responsibility of guaranteeing a minimum amount of tips to each employee». The judge explained that «there were concerns that the opening of the new Ca' Noghera Casino may not increase the turnover of the business, and therefore due to the large number of new employees engaged for the gaming house on the mainland, the overall total of tips would have been spread over a greater number of employees in total.

For this reason the employee representatives and the Company signed an Agreement setting out a "guaranteed individual minimum of Lire 2,790 for every million Lire of unallotted tips". 

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