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Case C-203/08: Judgment of the Court (Second Chamber) of 3 June 2010 (reference for a preliminary ruling from the Raad van State (Netherlands)) — The Sporting Exchange Ltd, trading as Betfair v Minister van Justitie (Article 49 EC — Restrictions on the freedom to provide services — Games of chance — Offer of games of chance via the internet — Legislation reserving a licence to a single operator — Renewal of licence without subjecting the matter to competition — Principle of equal treatment and obligation of transparency — Application in the field of games of chance)
ECLI:EU:UNKNOWN:62008CA0203
62008CA0203
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Valentina R., lawyer
31.7.2010
Official Journal of the European Union
C 209/4
(Case C-203/08) (<span class="super">1</span>)
(Article 49 EC - Restrictions on the freedom to provide services - Games of chance - Offer of games of chance via the internet - Legislation reserving a licence to a single operator - Renewal of licence without subjecting the matter to competition - Principle of equal treatment and obligation of transparency - Application in the field of games of chance)
2010/C 209/05
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: The Sporting Exchange Ltd, trading as Betfair
Defendant: Minister van Justitie
Intervening party: Stichting de Nationale Sporttotalisator
Re:
Reference for a preliminary ruling — Raad van State — Interpretation of Article 49 EC — National legislation prohibiting the unlicensed organisation of gaming and collection of bets and reserving a licence to one single operator in order to safeguard social wellbeing and public health — Refusal to issue a licence to an (internet) operator which is already licensed in other Member States, including the Member State in which it has its registered office — Renewal of such a licence without subjecting the matter to competition — Overriding reasons in the public interest
Operative part of the judgment
1.Article 49 EC must be interpreted as not precluding legislation of a Member State, such as the legislation at issue in the main proceedings, under which exclusive rights to organise and promote games of chance are conferred on a single operator, and which prohibits any other operator, including an operator established in another Member State, from offering via the internet services within the scope of that regime in the territory of the first Member State.
2.Article 49 EC must be interpreted as meaning that the principle of equal treatment and the consequent obligation of transparency are applicable to procedures for the grant of a licence to a single operator or for the renewal thereof in the field of games of chance, in so far as the operator in question is not a public operator whose management is subject to direct State supervision or a private operator whose activities are subject to strict control by the public authorities.
(<span class="super">1</span>) OJ C 197, 2.8.2008.