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

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Justification

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

Consumer protection

  • Law 3037/2002, Article 3: Expands the general ban on gambling in all games using machines located outside casinos.
    • Judgment no. 555/2003 (criminal cases) of the High Court of Kalamata He put the art. 3 of Law 3037/2002 to computers located in an Internet Cafe, on which it was possible to enable remote control of games available on the internet.
    • Judgment no. 1114/2003 (criminal cases) of Thessaloniki Court of Appeal: The general prohibition games using machines located outside casinos also games available on the Internet through computers located in Internet. Coffee if these games provide an economic incentive to win.
    • No stops. And No. 158/2004. 246/2004 of the Greek Council of State: The ban on electronic gambling played in Internet cafes is contrary to the principle of proportionality.

Other grounds (1. Maximisation of revenues raised for good causes, 2. Maximisation of public revenue derived from gambling)

  • The exclusive right to organize lotteries is attributed to the state Lottery Division.
  • The exclusive right to organize mutual paris on horse racing is attributed to the ODIE.
  • Law 2433/1996, Article 2: The exclusive right to organize sports paris like “fixed odds” is assigned to OPAP.

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