WRITTEN QUESTION No. 334/96 by Sebastiano MUSUMECI to the Commission. Casinos in Italy
Date: 1996-02-22
Institutions: European Parliament, MUSUMECI
Subjects: Italy, competence of the Member States, free competition, game of chance, gaming establishment, provision of services, social life













EUR-Lex - 91996E0334 - EN






Avis juridique important




|



91996E0334

WRITTEN QUESTION No. 334/96 by Sebastiano MUSUMECI to the Commission. Casinos in Italy  


Official Journal C 217 , 26/07/1996 P. 0024 





WRITTEN QUESTION E-0334/96 by Sebastiano Musumeci (NI) to the Commission (22 February 1996)Subject: Casinos in ItalyUnlike other countries, Italy has only four licensed casinos, all of which are situated in northern Italy.The Italian Government has repeatedly refused to authorize more casinos to open, on the grounds that they might serve as a centre of attraction for illegal activities and the laundering of 'dirty' money.Millions of Italians continue to frequent illegal gambling dens, whose addresses and activities are known to everyone, including the regulatory authorities.A casino serves as a tourist attraction and is a factor, sometimes a decisive one, in the choice of a tourist resort.Does the Commission not consider that the Italian authorities might be in breach of the rules on free competition in this particular sector by allowing the casinos in the north of Italy to operate a de facto monopoly? Does the Commission not consider that the Italian Government should be brought before the Court of Justice for a flagrant breach of Community legislation on free competition?Answer given by Mr Van Miert on behalf of the Commission (3 April 1996)In its judgment of 24 March 1994 in Schindler, ((Case C-275/92 [1994] ECR 1039. )) the Court of Justice acknowledged that the organization of lotteries constitutes an economic activity relating to a service that falls within the scope of the EC Treaty. It also ruled that, on account of the particular features of lotteries, it was for the Member States to determine what is required to protect the players and, more generally, in the light of the specific social and cultural features of each Member State, to maintain order in society. They should also take any measures that were needed and those measures must be proportionate and non-discrimatory.According to a Commission study, ((Gambling in the single market - a study of the current legal and market situation, Volume III, Commission of the European Communities, 1992. )) 'there are no barriers [in Italy] to entering this market other than the difficult and laborious licensing procedures in obtaining the licence through parliamentary decree. The Italian Government would have to be assured of the tourism value of the casino along with the stability of a candidate. The stability criterion is undefined and therefore subject to arbitrary decision making.'At this stage, the Commission does not possess any factual information that would allow it to ascertain whether and to what extent this legal framework has resulted in a decision-making practice which is in breach of the EC Treaty, and in particular Articles 6 and 90, and is such as to justify action on its part along the lines indicated by the Honourable Member.