Opinion of the Advocate General — ECLI:EU:C:2003:86
Date: 2003-02-11
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Principles, objectives and tasks of the Treaties;Quantitative restrictions;Freedom to provide services;State monopolies of a commercial character
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary of the Judgment 
1. Freedom to provide services — Treaty provisions — Scope — Activity of operating 
games of chance or gambling machines — Whether included — Monopoly in the 
operation of those games — Article 31 EC not applicable 
(Arts 2 EC, 28 EC, 29 EC, 31 EC and 49 EC) 
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SUMMARY — CASE C-6/01 
2. Freedom to provide services — Restrictions — National legislation restricting the 
right to operate games of chance or gambling to casinos — justification — Mainten­
ance of order in society and prevention of fraud — Existence of less stringent 
conditions in other Member States — Not relevant — Methods of organisation and 
control — Discretion of national authorities 
(Art. 49 EC) 
1. Games of chance and gambling con­
stitute economic activities within the 
meaning of Article 2 EC. In particular, 
the activity of operating gaming 
machines must, irrespective of whether 
or not it is separable from activities 
relating to the manufacture, import­
at ion and dis tr ibut ion of such 
machines, be considered a service 
within the meaning of the Treaty and, 
accordingly, it cannot come within the 
scope of Articles 28 EC and 29 EC 
relating to the free movement of goods. 
Furthermore, since they constitute ser­
vices, a monopoly in the operation of 
such games does not fall within the 
scope of Article 31 EC, which refers to 
trade in goods. 
(see paras 48, 56, 59-61, 
operative parts 1-3) 
2. National legislation which authorises 
the operation and playing of games of 
chance or gambling solely in certain 
places such as casinos and is applicable 
without distinction to its own nationals 
and nationals of other Member States 
constitutes a barrier to the freedom to 
provide services. However, Articles 49 
EC et seq. do not preclude such 
national legislation, provided that it is 
based on concerns of social policy and 
the prevention of fraud. 
Furthermore, the fact that there might 
exist, in other Member States, legis­
lation laying down conditions for the 
operation and playing of games of 
chance or gambling which are less 
restrictive than those provided for by 
the legislation in question has no 
bearing on the compatibility of the 
latter with Community law. It is for 
national authorities to consider 
whether, in the context of the aim 
pursued, it is necessary to prohibit 
activities of that kind, totally or par­
tially, or only to restrict them and to 
lay down more or less rigorous pro­
cedures for controlling them. 
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ANOMAR AND OTHERS 
It is also solely for the national auth­
orities to choose, in the context of the 
discretion which they enjoy, the 
methods for organising and controlling 
the operation and playing of games of 
chance or gambling, such as the con­
clusion with the State of an adminis­
trative licensing contract or the restric­
tion of the operation and playing of 
certain games to places duly licensed 
for that purpose. 
(see paras 75, 79, 81, 87-88, 
operative parts 4-6) 
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