Liberal decision of the Commission on gambling

Under Italian legislation, the organizing of games of chance or the collecting of bets is subject to holding a license and police authorization. Any infringement of those rules carries criminal penalties of up to three years’ imprisonment. The ECJ makes it clear once again that a Member State may not apply a criminal penalty for failure to complete an administrative formality where such completion has been refused or rendered impossible by the Member State concerned, in breach of Community law.
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