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Case C-42/07: Judgment of the Court (Grand Chamber) of 8 September 2009 (reference for a preliminary ruling from the Tribunal de Pequena Instância Criminal do Porto (Portugal)) — Liga Portuguesa de Futebol Profissional (CA/LPFP), Bwin International Ltd, formerly Baw International Ltd v Departamento de Jogos da Santa Casa da Misericórdia de Lisboa (Reference for a preliminary ruling — Article 49 EC — Restrictions on the freedom to provide services — Offer of games of chance via the internet)

ECLI:EU:UNKNOWN:62007CA0042

62007CA0042

January 1, 2007
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Official Journal of the European Union

(Case C-42/07)

(Reference for a preliminary ruling - Article 49 EC - Restrictions on the freedom to provide services - Offer of games of chance via the internet)

2009/C 267/15

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicants: Liga Portuguesa de Futebol Profissional (CA/LPFP), Bwin International Ltd, formerly Baw International Ltd

Defendant: Departamento de Jogos da Santa Casa da Misericórdia de Lisboa

Re:

Reference for a preliminary ruling — Tribunal de Pequena Instância Criminal do Porto — Interpretation of Articles 43 EC, 49 EC and 56 EC — National legislation granting a specific organisation the exclusive rights to operate games of chance and lotteries, and classing as administrative offences the activities of organising, promoting and collecting bets on sporting events, including over the internet — Prohibition of an undertaking which operates betting and lotteries online, and having its registered office in another Member State, from promoting, organising or operating such betting and lotteries over the internet or from awarding the value of the prizes to the winners

Operative part of the judgment

Article 49 EC does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators such as Bwin International Ltd, which are established in other Member States, in which they lawfully provide similar services, from offering games of chance via the internet within the territory of that Member State.

* * *

Language of the case: Portuguese

ECLI:EU:C:2009:140

15

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