Order of the Court (Third Chamber) of 15 December 2000 in Case C-88/98 (reference for a preliminary ruling from the Consiglio di Stato): Questore di Genova v Umberto Merlo (Article 104(3) of the Rules of Procedure — Question identical to one on which the Court has already ruled)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: Italy, fraud, game of chance, interpretation of the law, provision of services, social policy

C 200/28

EN

Official Journal of the European Communities

14.7.2001

ORDER OF THE COURT

ORDER OF THE COURT

(Third Chamber)

(Third Chamber)

of 15 December 2000

of 15 December 2000

in Case C-88/98 (reference for a preliminary ruling from
the Consiglio di Stato): Questore di Genova v Umberto
Merlo (1)

in Case C-89/98 (reference for a preliminary ruling from
the Consiglio di Stato): Questore di Catanzaro v Patrizia
Caffarelli (1)

(Article 104(3) of the Rules of Procedure — Question
identical to one on which the Court has already ruled)

(Article 104(3) of the Rules of Procedure — Question
identical to one on which the Court has already ruled)

(2001/C 200/49)

(2001/C 200/50)

(Language of the case: Italian)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-88/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Consiglio di Stato
(Italy) for a preliminary ruling in the proceedings pending
before that court between Questore di Genova and Umberto
Merlo on the interpretation of the provisions of the EC Treaty
on freedom to provide services — the Court (Third Chamber),
composed of: C. Gulmann, President of the Chamber,
J.-
P. Puissochet (Rapporteur) and F. Macken, Judges; C. Stix-
Hackl, Advocate General; R. Grass, Registrar, has made an
order on 15 December 2000, the operative part of which is as
follows:

In Case C-89/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Consiglio di Stato
(Italy) for a preliminary ruling in the proceedings pending
before that court between Questore di Catanzaro and Patrizia
Caffarelli on the interpretation of the provisions of the EC
Treaty on freedom to provide services — the Court (Third
Chamber), composed of: C. Gulmann, President of the Chamb-
er, J.-P. Puissochet (Rapporteur) and F. Macken, Judges; C. Stix-
Hackl, Advocate General; R. Grass, Registrar, has made an
order on 15 December 2000, the operative part of which is as
follows:

The EC Treaty provisions on freedom to provide services do not
preclude national legislation, such as the Italian legislation, which
reserves unto certain bodies the right to take bets on sporting events,
if that legislation is in fact justified by social-policy objectives designed
to limit the harmful effects of such activities and if the restrictions
which it
imposes are not disproportionate in relation to those
objectives.

The EC Treaty provisions on freedom to provide services do not
preclude national legislation, such as the Italian legislation, which
reserves unto certain bodies the right to take bets on sporting events,
if that legislation is in fact justified by social-policy objectives designed
to limit the harmful effects of such activities and if the restrictions
which it
imposes are not disproportionate in relation to those
objectives.

(1) OJ C 209 of 4.7.1998.

(1) OJ C 209 of 4.7.1998.