Internet gambling: The Plenary Session of the Council of State has ruled that the granting by the competent Greek authority of a special permit for the activation of electronic gambling, ie for the provision of online gambling services, nationwide, is compatible with freedom of installation. the free provision of services, as enshrined in Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), while companies operating in the field of gambling will now be subject to tax.
In the case of gaming, with decisions No. 1160 and 1161/2020 of the Plenary Session of the Council of State (chaired by Athanasios Randos and rapporteur by the State Counselor Konstantinos Pispirigos), the applicants were dismissed and their applications for annulment were rejected. in Greece against the decision of the Deputy Minister of Finance, which set a deadline of 31.12.2011 for the companies providing betting and gambling services via the Internet, legally established in Member States of the European Union and the European Economic Area and holders of licenses operation and provision of such services, application for inclusion in the tax regime of articles 45 - 50 of Law 4002/2011 during the transitional period (which is maintained until 2020) until the granting to Greece a relevant license to provide such services.
In the first stage, the CoC checked the provisions of Law 4002/2011 on the granting by the Greek Authority of a special license for the provision of online gambling services within the Greek territory and considered them compatible with the freedom of establishment and the free provision of services, as guaranteed in Articles 49 and 56 TFEU.
In addition, the State Councilors ruled, by a majority, that during the transitional period, the legislator did not end up uncontrollably, in violation of the principles of the rule of law and equality between casino companies, the business of providing betting and gambling services online. , among the others:
a) an initially prohibited professional activity is not excluded, from now on to become legal by the legislator who will establish rules of operation, which (rules) are not even excluded to be established in parts,
b) these companies will henceforth be subject to tax on those active in this field of professional activity,
c) the activity was carried out illegally in Greece, but by bodies that were legally licensed by another Member State of the European Union, so that the legislator had the opportunity to assess that the licenses of these companies by the EU and the EEA are the basis for ensuring the public interest and the public order, in order to make legal business in question a transitional stage, while at the same time achieving an increase in public revenues.
source dikaiologitika.gr
In the case of gaming, with decisions No. 1160 and 1161/2020 of the Plenary Session of the Council of State (chaired by Athanasios Randos and rapporteur by the State Counselor Konstantinos Pispirigos), the applicants were dismissed and their applications for annulment were rejected. in Greece against the decision of the Deputy Minister of Finance, which set a deadline of 31.12.2011 for the companies providing betting and gambling services via the Internet, legally established in Member States of the European Union and the European Economic Area and holders of licenses operation and provision of such services, application for inclusion in the tax regime of articles 45 - 50 of Law 4002/2011 during the transitional period (which is maintained until 2020) until the granting to Greece a relevant license to provide such services.
In the first stage, the CoC checked the provisions of Law 4002/2011 on the granting by the Greek Authority of a special license for the provision of online gambling services within the Greek territory and considered them compatible with the freedom of establishment and the free provision of services, as guaranteed in Articles 49 and 56 TFEU.
In addition, the State Councilors ruled, by a majority, that during the transitional period, the legislator did not end up uncontrollably, in violation of the principles of the rule of law and equality between casino companies, the business of providing betting and gambling services online. , among the others:
a) an initially prohibited professional activity is not excluded, from now on to become legal by the legislator who will establish rules of operation, which (rules) are not even excluded to be established in parts,
b) these companies will henceforth be subject to tax on those active in this field of professional activity,
c) the activity was carried out illegally in Greece, but by bodies that were legally licensed by another Member State of the European Union, so that the legislator had the opportunity to assess that the licenses of these companies by the EU and the EEA are the basis for ensuring the public interest and the public order, in order to make legal business in question a transitional stage, while at the same time achieving an increase in public revenues.
source dikaiologitika.gr
