(Jamma) “With the sentences rendered – declares the lawyer Augusto Dossena, administrative expert, defender of GoldBet – the Council of State has radically changed the consolidated jurisprudence formed over the years in the matter of rejection of the license pursuant to art. 88 Tulps for the CTDs, which had never been considered devoid of interest in the authorization and therefore of procedural legitimacy to challenge the refusal. The qualification of the CTD proposed by the Supreme College does not appear acceptable, since it cancels the role of safeguarding public order attributed to the license that the Council of State itself had repeatedly affirmed in the past, highlighting its autonomy with respect to the concession. But more than this, it is surprising how the Board has completely ignored the ruling of the Court of Justice in the Biasci Case, in the part in which it establishes that if the procedure for issuing the concessions is flawed, this flaw also invalidates the refusal to grant the license of Public Safety if based only on the lack of concession. The indifference of the internal judge with respect to such an important ruling of the European Court of Justice – the interpretation of which, I remind you, is binding on all the internal organs of the EU Member State – represents in my opinion the least agreeable passage of the decision of the Council of State, with respect to which we reserve all further initiatives, among which we do not exclude recourse to the European Court of Human Rights”.
