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

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Justification

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

Public order, money laundering, crime

  • Monopoly attributed to the National Blinds Association to operate a new game (Resolución de 29 junio 2004 National Blinds Organization)
    • The law stresses the necessity to have in Spain the same gaming products or systems of management existing in other countries of the European Union, in order to avoid uncertainties and losses of market, in case in the future the freedom of establishment, today reserved for reasons of public order, will be extended to this activity.

Consumer protection

  • Prohibition to make circulating lottery tickets who take Spain’s national blind association as a reference for the results
    RTC 2005\82 Tribunal Constitucional núm. 82/2005 of 6.4.2005
    Decision by an Autonomous Community to suspend the affording of gaming authorizations
    • RJCA 2003\358 Sentencia del Tribunal Superior de Justicia Baleares núm. 912/2002 of 8 November 2002.
      According to the Superior Court of justice of Baleares the measures taken in the public interest are also in line with EU law. Restrictive measures have to be general and objectively necessary. Such is the case of measures aimed to prevent saturation of the gaming market.

Social order, moral and cultural standards

  • State Monopoly on Lotteries
    • JUR 2002\250329 Sentencia del Tribunal Superior de Justicia Cataluña núm. 319/2002 of 4 May 2002
      The Superior Court of justice of Cataluña underlined that the Court of Justice of the EU (decision of 24.3.1994, C- 275/92 “Schindler”) recognized the right of each State to have a margin of appreciation based on social order or cultural considerations for regulating lotteries and their functioning – provided that the measures taken are not discriminatory.

Other grounds: fiscal policy objectives; charity

  • Prohibition to make lottery tickets circulate which refer to Spain’s national blind association
    Monopoly in favour of the National blinds association.
    • 6.4.2005; RTC 2005\34 Tribunal Constitucional núm. 34/2005 of 17.2.2005
      The Constitutional Court stated that customs regulations are a means of the social and economic politics to protect the economic interests of the State and an effective means to gain tax revenues.
      RTC 1998\171 Sentencia del Tribunal Constitucional núm. 171/1998 of 23 July 1998.
      The Constitutional Court stated that the monopoly is aimed at assisting the Association of Blinds in achieving its public interest objectives.

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