The ECJ will determine whether the ban is compatible with EU law.
Italy.- A challenge to Italy’s ban on gambling ads will go to the European Union Court of Justice (ECJ) after the country’s highest court, the Council of State decided to defer a ruling on the matter.
Italy’s Dignity Decree of 2018 introduced a ban on all gambling advertising, including sponsorships in sports, from 2019. However, LeoVegas launched an appeal after the Italian media and communications watchdog AGCOM hit it with a €50,000 fine over ads for its Italian subsidiary Winga.it’s slots offerings broadcast on the TV channel Sky 237 in 2019.
LeoVegas argues that the adverts were made before the implementation of the decree. It also claims that as “information society services,” they should be exempt. Its initial appeal to the Regional Administrative Court (TAR) was rejected. Following a subsequent appeal, the Council of State has decided to refer the matter to ECJ, which will rule on whether Italy’s ban is compatible with EU law.
The ECJ will also have to consider whether the ban discriminates against companies based in other EU states. The outcome could determine the fate of Italy’s ban on gambling ads, which is already being reevaluated by the Senate. It could also have implications for other European countries. Several countries have introduced tight restrictions, and the Netherlands is considering a complete ban.
https://focusgn.com/eu-court-of-justice-to-hear-challenge-to-italys-ban-on-gambling-ads