Four times, from January to today, the judges of the Supreme Court of Cassation have expressed themselves in favor of the Austrian bookmaker.
The Supreme Court of Cassation rejects the appeal of the Prosecutor of the Republic of Trani on a ruling of the Court of Review of Trani of 14/4/2011 in favor of GoldBet, fully sharing the statement filed by the lawyer Marco Ripamonti who examines the reasons for the appeal and highlights its groundlessness.
The ruling recalls the Zungri Ordinance and Costa/Cifone recalling that “on the basis of the principles of treatment and effectiveness as well as the articles 43 and 49 EC, a Member State cannot exclude a category of operators from the award of concessions for the exercise of an economic activity and, therefore, try to remedy it by making available a significant number of new concessions and, at the same time, protecting the commercial positions acquired”. With these rulings, the Court of Justice aligned itself with its previous jurisprudence, and in particular with the Placanica ruling.
"A state monopoly regime which operates through concessions" - reads the sentence in conclusion - may not conflict with the principles of the EC Treaty, but any limitations imposed must respond to precise principles concerning the freedom of establishment and to provide services and to overriding reasons of public interest with proportionality, non-discrimination, transparency and clarity".
In the absence of these requirements, the conflicting national legislation must therefore be disapplied.
Great satisfaction was expressed by all the legal staff for this latest success, the result of the great teamwork that the company is carrying out.
