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Case C-166/17: Order of the Court (Sixth Chamber) of 19 October 2017 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Sportingbet PLC, Internet Opportunity Entertainment Ltd v Santa Casa da Misericórdia de Lisboa (Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Operation of games of chance via websites — National legislation providing for a State monopoly — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law — Article 102 TFEU and Article 106(1) TFEU — Abuse of a dominant position — National legislation prohibiting advertising of games of chance except for those organised by a single operator subject to strict public-authority control which has been granted the exclusive right to organise such games — Article 53(2) of the Rules of Procedure of the Court of Justice — Question manifestly inadmissible)
ECLI:EU:UNKNOWN:62017CB0166
62017CB0166
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11.12.2017
Official Journal of the European Union
C 424/16
(Case C-166/17)(1)
((Reference for a preliminary ruling - Article 56 TFEU - Freedom to provide services - Restrictions - Operation of games of chance via websites - National legislation providing for a State monopoly - Article 99 of the Rules of Procedure of the Court of Justice - Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law - Article 102 TFEU and Article 106(1) TFEU - Abuse of a dominant position - National legislation prohibiting advertising of games of chance except for those organised by a single operator subject to strict public-authority control which has been granted the exclusive right to organise such games - Article 53(2) of the Rules of Procedure of the Court of Justice - Question manifestly inadmissible))
(2017/C 424/23)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicants: Sportingbet PLC, Internet Opportunity Entertainment Ltd
Defendant: Santa Casa da Misericórdia de Lisboa
Operative part of the order
1.Article 56 TFEU does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators established in other Member States from offering games of chance via a website, where it confers the exclusive right to operate such games on a single operator subject to strict public-authority control.
2.Article 56 TFEU does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits advertising of games of chance except for games organised by a single operator which has been granted the exclusive right to organise those games.
3.The first, fifth, sixth, eighth, ninth and tenth questions referred by the Supremo Tribunal de Justiça (Supreme Court, Portugal) are manifestly inadmissible.
(1) OJ C 202, 26.6.2017.
Language of the case: Portuguese