Judgment of the Court of 6 November 2003 in Case C-243/01 (Reference for a preliminary ruling from the Tribunale di Ascoli Piceno): Piergiorgio Gambelli and Others (Right of establishment — Freedom to provide services — Collection of bets on sporting events in one Member State and transmission by internet to another Member State — Prohibition enforced by criminal penalties — Legislation in a Member State which reserves the right to collect bets to certain bodies)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: EU national, Germany, interpretation of the law, self-employed person, tax on income

10.1.2004

EN

Official Journal of the European Union

C 7/7

3.

the product that it designates is accorded protection in the
importing Member State, whether or not there is any risk of
consumers being misled, and the import of a product lawfully
marketed in another Member State may be prevented.

The first paragraph of Article 307 EC is to be interpreted as
permitting a court of a Member State, subject to the findings to
be made by that court having regard inter alia to the criteria set
out in this judgment, to apply the provisions of bilateral
agreements such as those at issue in the main proceedings,
concluded between that State and a non-member country and
according protection to a name from the non-member country,
even where those provisions prove to be contrary to the EC
Treaty rules, on the ground that they concern an obligation
resulting from agreements concluded before the date of the
accession of the Member State concerned to the European
Union. Pending the success of one of the methods referred to in
the second paragraph of Article 307 EC in eliminating any
incompatibilities between an agreement predating that accession
and the Treaty, the first paragraph of that article permits that
State to continue to apply such an agreement in so far as it
contains obligations which remain binding on that State under
international law.

(1) OJ C 245 of 1.9.2001.

ruling in the criminal proceedings before that court against
Piergiorgio Gambelli and Others on the interpretation of
Articles 43 EC and 49 EC, the Court, composed of: V. Skouris,
President, P.
Jann, C.W.A. Timmermans and J.N. Cunha
Rodrigues (Presidents of Chambers), D.A.O. Edward (Rappor-
teur), R. Schintgen, F. Macken, N. Colneric and S. von Bahr,
Judges; S. Alber, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
6 November 2003, in which it has ruled:

National legislation which prohibits on pain of criminal penalties the
pursuit of the activities of collecting, taking, booking and forwarding
offers of bets, in particular bets on sporting events, without a licence
or authorisation from the Member State concerned constitutes a
restriction on the freedom of establishment and the freedom to provide
services provided for in Articles 43 and 49 EC respectively. It is for
the national court to determine whether such legislation, taking
account of the detailed rules for its application, actually serves the
aims which might justify it, and whether the restrictions it imposes
are disproportionate in the light of those objectives.

(1) OJ C 245 of 1.9.2001.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 6 November 2003

of 25 November 2003

in Case C-243/01 (Reference for a preliminary ruling from
the Tribunale di Ascoli Piceno): Piergiorgio Gambelli and
Others (1)

in Case C-278/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Right of establishment — Freedom to provide services —
Collection of bets on sporting events in one Member State
and transmission by internet to another Member State —
Prohibition enforced by criminal penalties — Legislation in
a Member State which reserves the right to collect bets to
certain bodies)

(2004/C 7/10)

(Language of the case: Italian)

(Failure of a Member State to fulfil obligations — Judgment
of the Court establishing such failure — Non-compliance —
Article 228 EC — Financial penalties — Penalty payment
— Quality of bathing water — Directive 76/160/EEC)

(2004/C 7/11)

(Language of the case: Spanish)

(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-243/01: Reference to the Court under Article 234 EC
by the Tribunale di Ascoli Piceno (Italy) for a preliminary

In Case C-278/01, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: S. Ortiz
Vaamonde): Application, first, for a declaration that, by not