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Case C-517/20, OL (Extension of Italian licences): Judgment of the Court (Ninth Chamber) of 16 March 2023 (request for a preliminary ruling from the Tribunale di Ascoli Piceno, Italy) — Criminal proceedings against OL (Reference for a preliminary ruling — Articles 49 and 56 TFEU — Betting and gaming — Licences for the collection of bets — Extension of licences already granted — Regularisation of data transmission centres carrying out that activity in the absence of a licence and police authorisation — Extension of the rights derived from that regularisation — Limited period)
ECLI:EU:UNKNOWN:62020CA0517
62020CA0517
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8.5.2023
Official Journal of the European Union
C 164/3
(Case C-517/20, (1) OL (Extension of Italian licences))
(Reference for a preliminary ruling - Articles 49 and 56 TFEU - Betting and gaming - Licences for the collection of bets - Extension of licences already granted - Regularisation of data transmission centres carrying out that activity in the absence of a licence and police authorisation - Extension of the rights derived from that regularisation - Limited period)
(2023/C 164/03)
Language of the case: Italian
Referring court
Party in the main criminal proceedings
intervener: Procura della Repubblica presso il Tribunale di Ascoli Piceno
Operative part of the judgment
Articles 49 and 56 TFEU must be interpreted as precluding an extension of the licences in the betting and gaming sector and of the rights deriving from the regularisation of the situation of data transmission centres which were already carrying out, on a specific date, activities of bet collection in favour of foreign bookmakers not in possession of a licence and police authorisation, in so far as such an extension, which may be justified in particular by overriding reasons in the public interest such as the objective of ensuring the continuity of an inspection of the operators of that sector in order to guarantee consumer protection, is not appropriate for attaining that objective or goes beyond what is necessary to achieve it.
(1) OJ C 257, 4.7.2022.
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