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Case C-695/21, Recreatieprojecten Zeeland and Others: Judgment of the Court (Seventh Chamber) of 2 March 2023 (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Recreatieprojecten Zeeland BV, Casino Admiral Zeeland BV, Supergame BV v Belgische Staat (Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Restrictions on the freedom to provide services — Games of chance — Legislation of a Member State laying down a general ban on advertising by gaming establishments — Automatic derogation from that ban for establishments holding an operating licence issued by the authorities of that Member State — No possibility of derogation for establishments located in another Member State)
ECLI:EU:UNKNOWN:62021CA0695
62021CA0695
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Official Journal of the European Union
C 155/20
(Case C-695/21, (1) Recreatieprojecten Zeeland and Others)
(Reference for a preliminary ruling - Freedom to provide services - Article 56 TFEU - Restrictions on the freedom to provide services - Games of chance - Legislation of a Member State laying down a general ban on advertising by gaming establishments - Automatic derogation from that ban for establishments holding an operating licence issued by the authorities of that Member State - No possibility of derogation for establishments located in another Member State)
(2023/C 155/23)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: Recreatieprojecten Zeeland BV, Casino Admiral Zeeland BV, Supergame BV
Defendant: Belgische Staat
Operative part of the judgment
The first paragraph of Article 56 TFEU must be interpreted as precluding legislation of a Member State which grants the operators of a limited and controlled number of gaming establishments located on the territory of that Member State an automatic derogation from the advertising ban generally applicable to such establishments, without providing for the possibility for operators of gaming establishments located in another Member State to obtain a derogation for the same purposes.
(1) OJ C 84, 21.2.2022.
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