Six years after the presentation of the appeals, the Regional Administrative Court ruled on the appeals presented by various gaming operators against the gambling regulation approved against the 2017 union ordinance which introduced new rules on the matter.
The TAR rejected the appeals, considering that "the contested provisions represent a necessary balance between the protection of safety, the protection of health and the interest in economic activity, whereas the majority of the appellants' complaints are the result of mere subjective considerations from the very moment methods chosen with the contested acts for the protection of the opposing interests at stake constitute the best proof of the balance operated between them, since economic activity was not absolutely prohibited, but rather not unreasonably limited to protect public health; moreover according to the same provision of the invoked art. 41 of the Constitution, freedom of enterprise cannot be carried out in conflict with social utility or cannot cause damage to safety, freedom and human dignity.
The numerous complaints are therefore unfounded due to the fact that they are all based on the disproportion of measures which, in concrete terms, are reasonable both on the legitimacy and constitutional level of the protection of the right to public health.
Furthermore, the entry into force in 2020 of specific regional legislation effectively renders today's challenge of no interest, as demonstrated by the fact that none of the appellant companies has carried out procedural activity for six years and one of them (but there could be many more) has also failed.”
