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Gambling Restrictions upon Arts. 43 and 49 EC Treaty in FRANCE

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Justification

  • National measure
  • Compatibility with EC law, in particular with the principle of proportionality

Public order, money laundering crime

National measure

  • Compatibility with EC law, in particular with the principle of proportionality

Section 1 of the Act of 21 May 1836 states a general principle of prohibition of lotteries.

Decree No. 78-1067 of 9 November 1978 created the French Games. It has a monopoly on the organization and operation of lotteries authorized by derogation from Article 1 of the Law of 21 May 1836.

  • In a judgment of 15 May 2000, the State Council said that Decree No. 78-1067 establishing the French game is compatible with Community law. These provisions, which give the French Games monopoly on the use of lotteries, “do not pursue an economic objective” but “are intended to protect the public order by restricting games and their organization by a company mixed economy controlled by the state. ” The State Council says that the interest attached to this limitation and control of the lottery is an overriding public interest capable of justifying, under Article 56 EC, a limitation the freedom to provide services and freedom of establishment.
  • The Council of State, however, that “the concrete conditions of application of all these rules are characterized by a propensity The French Games, semi-public company created on the basis of Title II of the decree of November 9 1978 to diversify the possibilities of lottery games offered at the risk of compromising term goal of limiting this type of games. ” He decides that “the date of adoption of the decision of 16 November 1998 refusing to repeal Title II of the decree of November 9, 1978, changes in the factual situation has not been of such magnitude that the legality of that decree was affected would “(In comments submitted after consultation with the Interim Report, the European Betting Association, stakeholder, expressed the opinion that the policy of the French game has not changed since this stop. Instead, it points out that the French game now has a monopoly on the operation of online games.).
  • In a judgment of 15 December 2004, the Criminal Division of the Court of Cassation ruled the French principle of prohibition of lotteries consistent with Community law. She said that if the organization of lotteries falls within the application of Article 59 EC and the principle of free movement of services, each Member State retains in the absence of harmonization of legislation in the European Community, the possibility of restricting or banning them.

Article R. 153-2 of the Monetary and Financial Code (established by Decree No. 2005-1739 of 30 December 2005, art. 2) provides that foreign investments in the gambling sector are subject to authorization Minister for the Economy.

  • The French authorities have not taken a position on this issue to our attention.

Similarly, Article R. 153-5 of the Monetary and Financial Code (established by Decree No. 2005-1739 of 30 December 2005, art. 3) provides that any foreign investment to acquire all or part of a business casino a company whose registered office is in France is subject to authorization by the Minister for the Economy

The law of 12 July 1983 is a general prohibition of gambling. It is only by way of derogation from these provisions that sets permissions can be granted, as explicitly stated in Article 1st of the Law of 15 June 1907 regulating gaming in casinos.

  • The French authorities have not taken a position on this issue to our attention.

It is also on the basis of the Law of 12 July 1983 that prohibited the paris. However, French law allows under certain conditions paris on horse races (Act of June 2, 1891, the Decree of 5 May 1997)

  • In a decision dated 4 January 2006, the Paris Court of Appeal took a position on the compliance of the French system of paris on horse races with Community law (The European Betting Association (comments following consultation of the Preliminary Report) criticizes the decision in that it believes the Court of Appeal has considered the question of the compatibility of the French system and Community law only superficially. In particular, the European Betting Association emphasizes that the Court of Appeals would have, she says, investigate and present the facts to conclude that the goals to justify the interference with the free movement of services were actually pursued in practice. The European Betting Association bases its review on the requirements of the Gambelli judgment of the ECJ.), and in particular with Article 49 EC. It was first noted that “the activity of involving nationals of a Member State to paris games organized in another Member State, even if they have concern sporting events in the first Member State, relates to a service activity within the meaning of Article 50 EC. ” She went on to say that “it is not disputed that the French legislation (without the judge has to determine whether the measures taken by decree should or not be legislated) constitutes a restriction on the free service delivery “and” that such a restriction must both be justified by overriding reasons of general interest and the other does not go beyond what is necessary to achieve that goal. ” It notes in this regard that “the French provisions which do not pursue an objective economic (GIE, controlled by the state, being selfless and non-profit as stated in Article 3 of the Statutes), are intended to protect French public policy:
  • – Avoidance one hand, the paris are a source of individual profits and avoidance on the other hand, the risks of crime and fraud (and requiring control racing and horses) with an efficiency that n is generally not disputed (…)
  • – By limiting paris and limiting gambling opportunities (controlled advertising are not contrary to this objective). “
  • The Court noted later that if “the incentive to breeding stock financing is not involved in the justification of the above restriction allows the backup, and the improvement of the breed (…) horses contests, integrating with one of the objectives of the Directive Council of the EEC of 26 June 1990 “. It goes on to reject the complaint of discrimination raised by the appellant companies recalling that any race society, regardless of nationality, provided they meet the criteria of French law, and after inspection and authorization, can be allowed to organize paris (GIE PMU doing only group the racing associations). It infers from all these elements that the French legislation is not contrary to Community law.
  • This judgment was executed Maltes under Regulation 44/2001 on jurisdiction and the enforcement of judgments in civil and commercial matters (Information provided by the European Betting Association.

Consumer protection

National measure

  • Compatibility with EC law, in particular with the principle of proportionality

La loi n°83-628 pose un principe général d’interdiction des jeux de hasard. Ce n’est que par dérogation à ces dispositions que les autorisations de jeux peuvent être accordées, ainsi que l’indique explicitement l’article 1re de la loi du 15 juin 1907 réglementant les jeux dans les casinos.

  • Les autorités françaises n’ont pas pris position sur cette question à notre connaissance.

L’article 1re de la loi du 12 juillet 1983 interdit, sous peine de sanctions pénales, l’établissement et la tenue de paris sur la voie publique ou dans tout lieu ouvert au public.

  • Les autorités françaises n’ont pas pris position sur cette question à notre connaissance.

L’article 2 de la loi du 21 mai 1836 interdit les loteries commerciales.

  • Les autorités françaises n’ont pas pris position sur cette question à notre connaissance.

Social order, moral and cultural standardsâ

National measure

  • Compatibility with EC law, in particular with the principle of proportionality

La loi n°83-628 pose un principe général d’interdiction des jeux de hasard. Ce n’est que par dérogation à ces dispositions que les autorisations de jeux peuvent être accordées, ainsi que l’indique explicitement l’article 1re de la loi du 15 juin 1907 réglementant les jeux dans les casinos.

  • Les autorités françaises n’ont pas pris position sur cette question à notre connaissance.

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