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Joined Cases C-447/08 and C-448/08: Judgment of the Court (Fourth Chamber) of 8 July 2010 (reference for a preliminary ruling from the Svea hovrätt — Sweden) — Criminal proceedings against Otto Sjöberg (C-447/08), Anders Gerdin (C-448/08) (Freedom to provide services — Gambling — Offer of gambling via the internet — Promotion of gambling organised in other Member States — Activities reserved to public or non-profit-making bodies — Criminal penalties)
ECLI:EU:UNKNOWN:62008CA0447
62008CA0447
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Valentina R., lawyer
28.8.2010
Official Journal of the European Union
C 234/8
(Joined Cases C-447/08 and C-448/08) (1)
(Freedom to provide services - Gambling - Offer of gambling via the internet - Promotion of gambling organised in other Member States - Activities reserved to public or non-profit-making bodies - Criminal penalties)
2010/C 234/12
Language of the case: Swedish
Referring court
Parties in the main proceedings
Re:
References for a preliminary ruling — Svea Hovrätt — Interpretation of Arts. 12, 43, 49 and 54 EC — National legislation prohibiting, by means of criminal penalties, the promotion of participation in a lottery only in the case where it is organised in another Member State
Operative part of the judgment
1.Article 49 EC must be interpreted as not precluding legislation of a Member State, such as that at issue in the main actions, which prohibits the advertising to residents of that State of gambling organised for the purposes of profit by private operators in other Member States;
2.Article 49 EC must be interpreted as precluding legislation of a Member State subjecting gambling to a system of exclusive rights, according to which the promotion of gambling organised in another Member State is subject to stricter penalties than the promotion of gambling operated on national territory without a licence. It is for the referring court to ascertain whether that is true of the national legislation at issue in the main actions.
(1) OJ C 327, 20.12.2008.