# C_2022368EN.01000201.xml

| 26.9.2022 | EN | Official Journal of the European Union | C 368/2 |
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26.9.2022

EN

Official Journal of the European Union

C 368/2

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Order of the Court (Sixth Chamber) of 26 April 2022 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — RM v Landespolizeidirektion Steiermark

(Case C-508/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Freedom to provide services - Article 56 TFEU - Games of chance - Provision of prohibited lotteries - Penalties - Proportionality - Fines of a minimum amount - Overlapping - No ceiling - Alternative penalty involving deprivation of liberty - Proportionate contribution to the costs of the proceedings - Charter of Fundamental Rights of the European Union - Article 49(3))

(2022/C 368/02)

Language of the case: German

Referring court

Landesverwaltungsgericht Steiermark

Parties to the main proceedings

Applicant: RM

Defendant: Landespolizeidirektion Steiermark

Operative part of the order

| 1. | Article 56 TFEU must be interpreted as meaning that, in proceedings relating to the imposition of penalties for breach of a monopoly in the field of games of chance, the national court, seised of the assessment of the legality of a penalty imposed for such a breach, must specifically assess the compatibility with Article 56 TFEU of the penalties laid down in the applicable legislation, having regard to the specific arrangements for determining those penalties. |
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1.

Article 56 TFEU must be interpreted as meaning that, in proceedings relating to the imposition of penalties for breach of a monopoly in the field of games of chance, the national court, seised of the assessment of the legality of a penalty imposed for such a breach, must specifically assess the compatibility with Article 56 TFEU of the penalties laid down in the applicable legislation, having regard to the specific arrangements for determining those penalties.

| 2. | Article 56 TFEU must be interpreted as not precluding national legislation which, where prohibited lotteries are made available for commercial purposes, lays down in mandatory terms:






  — | the imposition of a minimum fine for each unauthorised slot machine, with no ceiling on the total amount of fines imposed, provided that the total amount of fines imposed is not disproportionate to the economic benefit that could be derived from the offences penalised; |
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2.

Article 56 TFEU must be interpreted as not precluding national legislation which, where prohibited lotteries are made available for commercial purposes, lays down in mandatory terms:

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the imposition of a minimum fine for each unauthorised slot machine, with no ceiling on the total amount of fines imposed, provided that the total amount of fines imposed is not disproportionate to the economic benefit that could be derived from the offences penalised;

| — | the imposition of an alternative custodial sentence for each unauthorised slot machine without a ceiling on the total duration of the alternative custodial sentences imposed, provided that the duration of the alternative custodial sentence actually imposed is not excessive having regard to the seriousness of the offences found, and |
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the imposition of an alternative custodial sentence for each unauthorised slot machine without a ceiling on the total duration of the alternative custodial sentences imposed, provided that the duration of the alternative custodial sentence actually imposed is not excessive having regard to the seriousness of the offences found, and

| — | a contribution to the costs of the proceedings amounting to 10 % of the fines imposed, provided that that contribution is not excessive having regard to the actual cost of such proceedings and does not infringe the right of access to the courts enshrined in Article 47 of the Charter of Fundamental Rights of the European Union. |
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a contribution to the costs of the proceedings amounting to 10 % of the fines imposed, provided that that contribution is not excessive having regard to the actual cost of such proceedings and does not infringe the right of access to the courts enshrined in Article 47 of the Charter of Fundamental Rights of the European Union.

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(1)  OJ C 433, 14.12.2020.

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