European Court's Decision on Validity of Italy's Prohibition on Gambling Advertisements (Regarding Tottenham)
Gambling Advertising Debate in Italy
Italy's ban on gambling advertising, implemented in 2018, is under review by the European Court of Justice (EUCJ) over concerns it may conflict with some EU regulations and Treaty principles.
The issue stemmed from a dispute between remote gambling service provider LeoVegas and the Italian Media Authority (AGCOM). LeoVegas was fined for advertising on its TV gambling channel during night hours, violating the advertising ban. The gambling channel had valid authorization from the Italian gambling authority.
In this legal battle, LeoVegas alleges the ban's illegitimacy, arguing it was imposed without following the prior notification procedure as prescribed by Directive (EU) 2015/1535 and infringing on the freedom to provide services and the freedom of establishment enshrined in Articles 49 and 56 of the European Treaty. The Council of State, Italy's highest administrative court, believes these grounds are sufficient to seek the EUCJ's input.
Notably, the EUCJ had previously ruled against a similar lack of prior notification in Lithuania regarding gambling advertising. The court stated such regulations could be considered "technical regulations" and that an amendment not properly notified may be unenforceable.
Additionally, the Council of State questions if the gambling advertising ban conflicts with EU and Charter of Fundamental Rights provisions, along with principles like legal certainty, equal treatment, prohibition of discrimination, and protection of custody.
Interestingly, the Italian Parliament has expressed concerns about the ban's effectiveness and recommended the Government to intervene. Since April 2024, the Italian Government has softened the ban by allowing all gambling concessionaires to run responsible-gambling campaigns, visible across channels, easing AGCOM's stance against the advertising ban. However, this development weakens the AGCOM's stance to enforce further sanctions against breaches.
In summary, the EUCJ is set to decide on the compatibility of Italy's gambling advertising ban with EU law, particularly regarding the freedom to provide services (Article 56 TFEU) and non-discrimination principles. The ruling could have wide-reaching implications for European gambling regulations.
Interesting Info:The Directive (EU) 2015/1535, pertaining to the provision of information in the field of technical regulations and of rules on Information Society Services, could potentially be relevant in ensuring Italy's ban properly aligns with EU procedures. However, it does not directly address gambling advertising. Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) protect the freedom of establishment and the freedom to provide services across member states.
In July 2018, Italy enacted Article 9 of the Dignity Decree, an advertising ban for gambling. However, questions have been raised about its compliance with EU regulations, particularly with respect to the notification process and the principles of non-discrimination and free trade.
The European Court of Justice (ECJ) will decide whether the ban is compatible with EU law, and a positive ruling could affect similar laws across the EU. The ruling will have critical implications for the gambling industry in Italy and potentially other European countries.
- The controversy surrounding Italy's gambling advertising ban, as per the Directive (EU) 2015/1535, hinges on ensuring its alignment with EU procedures, despite it not directly addressing gambling advertising.
- The European Court of Justice (ECJ) is set to rule on the compatibility of Italy's gambling advertising ban with EU law, especially with regards to the freedom to provide services (Article 56 TFEU) and non-discrimination principles.
- The Italian gambling advertising ban, initially enacted under Article 9 of the Dignity Decree in July 2018, faces questions about its compliance with EU regulations, specifically concerning the notification process and principles of non-discrimination and free trade.
