CELEX: 62008CA0064
Language: en
Date: 2010-09-09 00:00:00
Title: Case C-64/08: Judgment of the Court (Fourth Chamber) of 9 September 2010 (reference for a preliminary ruling from the Landesgericht Linz (Austria)) — Criminal proceedings against Ernst Engelmann (Freedom to provide services — Freedom of establishment — National rules establishing a system of concessions for the operation of games of chance in casinos — Concessions obtainable solely by public limited companies established in national territory — All concessions granted without any competitive procedure)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/9
            
         
      Judgment of the Court (Fourth Chamber) of 9 September 2010 (reference for a preliminary ruling from the Landesgericht Linz (Austria)) — Criminal proceedings against Ernst Engelmann
      (Case C-64/08) (1)
      
      (Freedom to provide services - Freedom of establishment - National rules establishing a system of concessions for the operation of games of chance in casinos - Concessions obtainable solely by public limited companies established in national territory - All concessions granted without any competitive procedure)
      (2010/C 288/14)
      Language of the case: German
      
         Referring court
      
      Landesgericht Linz
      
         Party in the main proceedings
      
      Ernst Engelmann
      
         Re:
      
      Reference for a preliminary ruling — Landesgericht Linz — Interpretation of Articles 43 EC and 49 EC — National legislation prohibiting, on pain of criminal sanctions, the operation of games of chance in casinos without a concession granted by the competent authority, but restricting the possibility of obtaining such a concession, of a maximum duration of 15 years, to public limited companies established in national territory which do not have any branches abroad
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 43 EC must be interpreted as precluding legislation of a Member State under which games of chance may be operated in gaming establishments only by operators whose seat is in the territory of that Member State.
               
            
                  2.
               
               
                  The obligation of transparency flowing from Articles 43 EC and 49 EC and from the principle of equal treatment and the prohibition of discrimination on grounds of nationality precludes the grant without any competitive procedure of all the concessions to operate gaming establishments in the territory of a Member State.
               
            
         (1)  OJ C 116, 9.5.2008.