Betting, for the Supreme Court intermediation is always a crime
It's irrelevant whether the foreign bookmaker has licensing titles or not "
The Supreme Court rejected the appeal of the owner of an individual company operating an internet point in Sant'Agata di Militello (ME), who had been sentenced to the penalty for the crimes referred to in articles 4 and 4-bis of the law 13 December 1989, n. 401 as well as in article 17, paragraph 1 of the Consolidated Law on Finance. in relation to art. 110, paragraph 1 tulps. According to the judges of the Supreme Court, in fact, "if the manager of an Italian betting center affiliated with a foreign bookmaker makes his gaming account (or gaming account in the name of convenience subjects) available to customers, allowing the bet without showing who actually carried it out, the link with the bookmaker becomes irrelevant, becoming a mere opportunity for the illegal exercise of the collection of bets". Consequently, for the Supreme Court "the question of the existence of authorizing titles or concessors in the hands of the operator ". The ratio decidendi, therefore, has no connection" with the profiles of alleged discrimination of the subject under foreign law in relation to the alleged impossibility of operating in the internal market ", so that, ultimately, in these cases, "there can be no hypothesis of unavoidable ignorance of the law, at most there is a condition of doubt about the lawfulness of the components regulations that would have been adopted, with the correlated need to adopt all useful and necessary checks ".