# C_2006326EN.01000801.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/8 |
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30.12.2006

EN

Official Journal of the European Union

C 326/8

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Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Hellenic Republic

(Case C-65/05) (1)

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(Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Free movement of goods - Article 43 EC - Freedom of establishment - Article 49 EC - Freedom to provide services - Prohibition on the installation and operation of electrical, electromechanical and electronic games subject to criminal or administrative sanctions - Directive 98/34/EC - Technical standards and regulations - National legislation applicable to electrical, electromechanical and electronic games)

(2006/C 326/16)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: M. Patakia, Agent)

Applicant:

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou and N. Dafniou, Agents)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Arts 28, 43 and 49 EC and Art. 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37) — National legislation applicable to electronic computer games

Operative part of the judgment

The Court:

| 1. | Declares that, by inserting into Articles 2(1) and 3 of Law No 3037/2002 the prohibition, subject to the criminal and administrative penalties set out in Articles 4 and 5 of the same law, on the installation and operation of all electrical, electromechanical and electronic games, including all computer games, on all public or private premises apart from casinos, the Hellenic Republic has failed to fulfil its obligations under Articles 28 EC, 43 EC and 49 EC and Article 8 of Directive 98/34/CE of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998; |
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1.

Declares that, by inserting into Articles 2(1) and 3 of Law No 3037/2002 the prohibition, subject to the criminal and administrative penalties set out in Articles 4 and 5 of the same law, on the installation and operation of all electrical, electromechanical and electronic games, including all computer games, on all public or private premises apart from casinos, the Hellenic Republic has failed to fulfil its obligations under Articles 28 EC, 43 EC and 49 EC and Article 8 of Directive 98/34/CE of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998;

| 2. | Orders the Hellenic Republic to pay the costs. |
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2.

Orders the Hellenic Republic to pay the costs.

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(1)  OJ C 82, 02.04.2005.

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