# C_2005082EN.01002102.xml

| 2.4.2005 | EN | Official Journal of the European Union | C 82/21 |
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2.4.2005

EN

Official Journal of the European Union

C 82/21

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Action brought on 10 February 2005 by the Commission of the European Communities against the Hellenic Republic

(Case C-65/05)

(2005/C 82/43)

Language of the case: Greek

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 10 February 2005 by the Commission of the European Communities, represented by Maria Patakia, Legal Adviser in the Commission's Legal Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

| — | declare that, by prohibiting, in Article 2(1), Article 3, second part, Article 4 and Article 5 of Law 3037/2002, the installation and operation of all electrical, electronic and electromechanical games, including recreational games of skill and all games for electronic computers, on all public or private premises apart from casinos, the Hellenic Republic is failing to fulfil its obligations under Articles 28, 43 and 49 of the EC Treaty and Article 8 of Directive 98/34 EC. |
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declare that, by prohibiting, in Article 2(1), Article 3, second part, Article 4 and Article 5 of Law 3037/2002, the installation and operation of all electrical, electronic and electromechanical games, including recreational games of skill and all games for electronic computers, on all public or private premises apart from casinos, the Hellenic Republic is failing to fulfil its obligations under Articles 28, 43 and 49 of the EC Treaty and Article 8 of Directive 98/34 EC.

| — | order the Hellenic Republic to pay the costs |
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order the Hellenic Republic to pay the costs

Pleas in law and main arguments

The Commission has objected to the legislative prohibition on installing and operating all electrical, electronic and electromechanical games, including recreational games of skill and all games for electronic computers, on all public or private premises apart from casinos.

In the light of the case-law of the Court of Justice, the Commission considers that the above prohibition constitutes a measure restricting the free movement of goods, freedom of establishment and freedom to provide services. The Commission also points out that the Law in question was not notified to it when it was being drafted, in infringement of Article 8(1) of Directive 98/34/EC (1) of the European Parliament and of the Council of 22 June 1998 which provides for a procedure for provision of information in the field of technical standards and regulations and for rules concerning the services of the information society.

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The Commission also considers that the grounds cited of protecting public order and in particular the concern that recreational machines should not be converted into games of chance, with the consequence of creating a social problem, do not constitute sufficient reasons for laying down the prohibitive measures in issue, since the purpose cited could be achieved by measures that were more appropriate and proportionate and less restrictive of the above freedoms.

In addition, according to the Commission, the need cited by the Greek authorities for laying down the measures as a matter of urgency does not justify the failure to inform the Commission, since Directive 98/34 provides for an accelerated procedure.

The Commission therefore considers that the Hellenic Republic is in infringement of its obligations under Articles 28, 43 and 49 of the EC Treaty and Article 8 of Directive 98/34/EC.

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(1)  OJ L 204 of 21.07.98, p. 37.

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