''Liga Portuguesa de Futebol Profissional and Bwin International Ltd v Departamento de Jogos da Santa Casa da Misericórdia de Lisboa'' (2009
C‑42/07is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the
free movement of services in the European Union.
Facts
The
Liga Portuguesa de Futebol Profissional
The Liga Portugal (Portugal League), also known by its acronym LPFP, is a governing body that manages professional football club competitions in Portugal. It was founded in 1978 as Liga Portuguesa dos Clubes de Futebol Profissional and works as an ...
(the Portugal football league) and Bwin Ltd (an online gambling company in
Gibraltar
)
, anthem = " God Save the King"
, song = " Gibraltar Anthem"
, image_map = Gibraltar location in Europe.svg
, map_alt = Location of Gibraltar in Europe
, map_caption = United Kingdom shown in pale green
, mapsize =
, image_map2 = Gib ...
) claimed that fines from the Departamento de Jogos were contrary to the
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
article 56 (ex article 49
TEC) on freedom to provide services, as well as freedom of establishment and free movement of payments. The Departamento de Jogos monopolised gambling in Portugal, and it argued this was justified under TFEU article 52 (referred to by art 62). A law prohibited games of chance via the internet. The Departamento de Jogos ran, for example, the Portuguese national
lottery, established in 1783, and continued with people drawing numbers by lots. It allowed the Totobola for betting on football and Totogolo for betting on the number of goals. It imposed fines of €65k on Liga and €74,500 on Bwin for administrative offences of organising internet gaming that conflicted with the Santa Casa.
Judgment
The
Court of Justice, Grand Chamber, held that the ban would be justifiable. Gambling was a particular problem, and fraud had an increased likelihood over the internet, so a full ban was proportionate toward the aim pursued.
See also
*
European Union law
Notes
References
*
{{DEFAULTSORT:Liga Portuguesa de Futebol v Santa Casa da Misericordia de Lisboa
European Union services case law
Gambling case law
2009 in case law
Gambling in Gibraltar
Primeira Liga
Online gambling
2009 in Portuguese sport
2009 in Gibraltar
Sports betting