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Case C-464/15: Judgment of the Court (Seventh Chamber) of 30 June 2016 (request for a preliminary ruling from the Landesgericht Wiener Neustadt — Austria) — Admiral Casinos & Entertainment AG v Balmatic Handelsgesellschaft mbH and Others (Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Games of chance — Legislation of a Member State prohibiting, on pain of criminal penalties, the operation of low-prize gaming machines (‘kleines Glücksspiel’) where no licence has been granted by the competent authority — Restriction — Justification — Proportionality — Assessment of proportionality on the basis of both the objective of the legislation at the time of its adoption and its effects when implemented — Effects empirically and definitely determined)
ECLI:EU:UNKNOWN:62015CA0464
62015CA0464
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12.9.2016
Official Journal of the European Union
C 335/25
(Case C-464/15) (<span class="super">1</span>)
((Reference for a preliminary ruling - Article 56 TFEU - Freedom to provide services - Games of chance - Legislation of a Member State prohibiting, on pain of criminal penalties, the operation of low-prize gaming machines (‘kleines Glücksspiel’) where no licence has been granted by the competent authority - Restriction - Justification - Proportionality - Assessment of proportionality on the basis of both the objective of the legislation at the time of its adoption and its effects when implemented - Effects empirically and definitely determined))
(2016/C 335/34)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Admiral Casinos & Entertainment AG
Defendants: Balmatic Handelsgesellschaft mbH, Robert Schnitzer, Suayip Polat KG, Ülkü Polat, Attila Juhas, Milazim Rexha
Operative part of the judgment
Article 56 TFEU must be interpreted as meaning that a review of the proportionality of restrictive national legislation in the area of games of chance must be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption.
* Language of the case: German.
(1) OJ C 398, 30.11.2015.