# C_2017424EN.01001602.xml

| 11.12.2017 | EN | Official Journal of the European Union | C 424/16 |
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11.12.2017

EN

Official Journal of the European Union

C 424/16

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Order of the Court (Sixth Chamber) of 19 October 2017 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Sportingbet PLC, Internet Opportunity Entertainment Ltd v Santa Casa da Misericórdia de Lisboa

(Case C-166/17) (1)

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((Reference for a preliminary ruling - Article 56 TFEU - Freedom to provide services - Restrictions - Operation of games of chance via websites - National legislation providing for a State monopoly - Article 99 of the Rules of Procedure of the Court of Justice - Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law - Article 102 TFEU and Article 106(1) TFEU - Abuse of a dominant position - National legislation prohibiting advertising of games of chance except for those organised by a single operator subject to strict public-authority control which has been granted the exclusive right to organise such games - Article 53(2) of the Rules of Procedure of the Court of Justice - Question manifestly inadmissible))

(2017/C 424/23)

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Parties to the main proceedings

Applicants: Sportingbet PLC, Internet Opportunity Entertainment Ltd

Applicants:

Defendant: Santa Casa da Misericórdia de Lisboa

Defendant:

Operative part of the order

Operative part of the order

| 1. | Article 56 TFEU does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators established in other Member States from offering games of chance via a website, where it confers the exclusive right to operate such games on a single operator subject to strict public-authority control. |
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1.

Article 56 TFEU does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators established in other Member States from offering games of chance via a website, where it confers the exclusive right to operate such games on a single operator subject to strict public-authority control.

| 2. | Article 56 TFEU does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits advertising of games of chance except for games organised by a single operator which has been granted the exclusive right to organise those games. |
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2.

Article 56 TFEU does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits advertising of games of chance except for games organised by a single operator which has been granted the exclusive right to organise those games.

| 3. | The first, fifth, sixth, eighth, ninth and tenth questions referred by the Supremo Tribunal de Justiça (Supreme Court, Portugal) are manifestly inadmissible. |
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3.

The first, fifth, sixth, eighth, ninth and tenth questions referred by the Supremo Tribunal de Justiça (Supreme Court, Portugal) are manifestly inadmissible.

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(1)  OJ C 202, 26.6.2017.

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