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Three petitions lodged by Italian courts and relating to restrictions on collections from gaming and betting are pending before the European Court of Justice (ECJ). The first of these was lodged by the court in Santa Maria Capua Vetere on 11 July and relates to the criminal proceedings against Raffaele Arrichiello.
This petition asks how articles 43 and 49 of the treaty establishing the European Union are to be interpreted in regard to the freedom of establishment and provision of services relating to bets on sporting events, so that it is possible to determine whether the provisions of the treaty permit a monopoly regime and a system of concessions and permits.
Among the issues the ECJ will be asked to rule on is the presence of provisions that guarantee, de facto, the maintenance of commercial positions acquired at the end of a procedure that unlawfully excluded some of the operators – such, for example, the prohibition on new dealers setting up their branches within a certain radius of existing ones.
It will also be asked to consider the issue of forfeiture of concessions and confiscation of extremely large deposits.
