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Case C-156/13: Judgment of the Court (Third Chamber) of 12 June 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Digibet Ltd, Gert Albers v Westdeutsche Lotterie GmbH & Co. OHG (Request for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Betting and gaming — Federal legislation banning games of chance via the internet which was not applied for a limited period in a federal entity of a Member State — Consistency — Proportionality)
ECLI:EU:UNKNOWN:62013CA0156
62013CA0156
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25.8.2014
Official Journal of the European Union
C 282/12
(Case C-156/13) (<span class="super">1</span>)
((Request for a preliminary ruling - Freedom to provide services - Article 56 TFEU - Betting and gaming - Federal legislation banning games of chance via the internet which was not applied for a limited period in a federal entity of a Member State - Consistency - Proportionality))
2014/C 282/16
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Digibet Ltd, Gert Albers
Defendant: Westdeutsche Lotterie GmbH & Co. OHG
Operative part of the judgment
Article 56 TFEU must be interpreted as meaning that it does not preclude legislation common to the majority of the federal entities of a Member State having a federal structure which prohibits, in principle, the organisation and facilitation of games of chance via the internet, where, for a limited period, a single federal entity has maintained in force more liberal legislation coexisting with the restrictive legislation of the other federal entities, provided that such legislation is able to satisfy the conditions of proportionality laid down by the case-law of the Court, which is for the national court to ascertain.
(<span class="note">1</span>) OJ C 189, 29.6.2013.