Gambling Restrictions upon Arts. 43 and 49 EC Treaty in SWEDEN

Justification

• National measure
  • Compatibility with EC law, in particular with the principle of proportionality

Public order, money laundering, crime

• Lotteries Act (1994:1000)
  Casino Act (1999:355)
  • Judgement of the Supreme Administrative Court of Sweden, 26 October 2004 (n°5819-01)
    «The main aims of Swedish gaming legislation are to protect the individual and society and to direct the surplus to the public and activities that benefit the public»
    «It is also clear that the stated aims of Swedish gaming regulations are entirely consistent with the reasons the EC Court has given as acceptable for allowing derogation from the freedom to provide services and freedom of establishment»
    «The Supreme Administrative Court finds that while gaming legislation and how it is applied raise questions on certain points concerning compatibility with the conditions imposed by the EC Court in the context, the Swedish system as a whole must nevertheless be considered as fulfilling the requirements».
    The Supreme Administrative Court raised the question whether the marketing policies of the State-authorized gaming companies are too intensive and could incite and encourage consumers to participate in lotteries, games of chance, and betting, as expressed in the Gambelli ruling.
    However the restrictions set up by the Swedish system were considered as justified by the pursuance of legitimate interests and, as such, to be in compliance with EC treaties.

Consumer protection

• Lotteries Act (1994:1000)
  Casino Act (1999:355)
  • See Judgement of the Supreme Administrative Court of Sweden, 26 October 2004 (n°5819-01) quoted above.

Social order, moral and cultural standards

• Lotteries Act (1994:1000)
  Casino Act (1999:355)
  • See Judgement of the Supreme Administrative Court of Sweden, 26 October 2004 (n°5819-01) quoted above