European Court of Justice to care for Polish Gambling Act

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There apears that April will be a very hot month for Polish gambling sector.As we informed, the Supreme Court will meet at June 28th to decide whether the transitional period introduced an amendment to the gambling law applies only to operators which previously got a license for slot machines or any other entities. (see:”Amendment of Gambling Act- date of the trial in Supreme Court announced!“)

An information appeared today telling that few days earlier – 20 April 2016, the European Court of Justice will consider the Polish gambling bill.

By the decision from April 24th 2015, the Court asked the following question:

“Concerning the rule of Article. 8, paragraph 1 of Directive 98/34 / WE of June 22nd 1998. Down a procedure to give information in the field of technical standards and regulations and rules of Society information services (Dz.U.UE.L.98.204.37 with further changes ) can be interpreted as meaning that the lack of notification to the regulations considered to be a technical nature allows for diversification effects.

As the meaning concerning the condition of freedom is not a subject in accordance to Article. 36 about Treaty of the European Union the lack of functionality cannot be applied in a particular case which is the subject of the settlement,

and the provisions relating to freedom’s subject and its limitations in accordance to Art. 36 of the Treaty is permissible in assessment by the national court, which is also the EU court, despite of non notification, it is cohesive with the requirements of Art. 36 of the Treaty and it’s not to be the subject of sanctions and it’s not possible to use them. ”

Resolving this issue by the European Court of Justice will also have a profound impact on the adopt of a resolution made by 7 judges of the Supreme Court, which abstain to decision pending the outcome of the case C-303/15 by the European Court.

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