Betting: referrals and prejudices. The point on the network
The appeal to the Court of Justice of the tender provided for by Legislative Decree no longer applies. 16/012, the c.d. "Bando Monti" by the Court of Salerno (stronghold of the concession system), which until now had always considered invalid the complaints and complaints made by the CED/CTD against our concession system, promptly rejecting requests for release from seizure that same CED/CTD advances against precautionary measures (seizures).
But also the Court of Salerno, following in the footsteps of the Court of Cassation and the Council of State, has referred the documents to the European Court of Justice, which will have to assess the existence or otherwise of the discrimination suffered by another bookmaker. The Court of the Review of Salerno would have found evident profiles of discrimination inherent in the c.d. bando Monti, which would have hit an international operator, already successfully evaluated by the Italian regulatory bodies (ADM). In fact, it highlights the Court that the CTD / CED, whose center was subject to seizure on 18 March, obtained a regular Italian concession in 2013, successfully submitting to all required and necessary public safety checks. For an in-depth examination, it will be necessary to await the reasons for the ordinance. Certainly it does not leave the principle established by the Court of Salerno quiet where it believes that having passed the examination of ADM can be a clearance to market their products on the Italian territory.
The Court of Salerno, which until now had fully grasped the ultimate essence of the binomial system-authorizing concession, seems to have changed orientation, forgetting that one thing is the examination of the requirements by ADM, but the other is the release of the license pursuant to art. 88 TULPS for the individual shops that open under the concession title.
Even if the judges do not take this combination into account, the situation becomes dangerous, because the foundations of the Italian concession system, with specific reference to land games, can be undermined, almost two years after the expiry of the terrestrial concessions currently in existence.
It is interesting in this regard to highlight how the First Section Ter of the TAR Lazio, a week ago, always called to decide on the legitimacy of the work of the same bookmaker whose question was invested the Court of Salerno, recognized the "legitimate" with regard to the rejection of the request for authorization pursuant to art. 88 Tulps ", recalling that according to the law" the license for the exercise of bets can be granted only to dealers or authorized by Ministries or other entities to which the law reserves the faculty of organization and management of bets, as well as to persons appointed by the concession holder or by the authorization holder by virtue of the same concession or authorization ".
According to the provisions of Law No. 73/2010, this rule "is interpreted as meaning that the license provided for therein, where issued for commercial activities in which the exercise and collection of public games with cash prizes is carried out, is to be understood effective only after the issuance of the same exercises for a specific concession for the exercise and collection of such games by the Ministry of Economy and Finance - Autonomous Administration of State Monopolies ", now ADM. It is still read in the provision, and this is the important step, that the concession - and consequently the 88 Tulps - can be valid for a single point, because: "(...) has obtained the concession, not active, for only one right, that is to say for a single point, still from the same not indicated ". On the eve of the race, which should be called by June 30, 2016 except technical extensions, we can not allow the network that channels the game in circuits not legitimate, continue to survive thanks to gimmicks and judicial interpretations clumsy, getting referrals to Court of Justice of Europe with so much ease and with much more frequency than in previous years. It is necessary, for the survival of the sector LECITO of the sector, to reorganize the whole in matter yes coherent, but in a substantial way, re-founding a system that can not be anchored to outdated and censored norms also at European level.