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Markku Juhani Läärä, Cotswold Microsystems Ltd and Oy Transatlantic Software Ltd v. Kihlakunnansyyttäjä (Jyväskylä) and Suomen valtio (Finnish State), Case C-124/97, CJEU, 21 September 1999

Abstract

Restrictions on betting and lotteries for the protection of consumers and the maintenance of public order. Moral, religious or cultural factors influencing regulation of lotteries and gambling. 

Normative references

Art. 49 TFEU
Art. 56 TFEU 

Ruling

1. There are moral, religious and cultural considerations relevant to lotteries and gambling in all Member States. These aim to limit or prohibit the practice of gambling and to prevent it from being a source of individual profit. 

2. National legislation which, like the Finnish legislation, prohibits, subject to specific exceptions, the carrying on of lotteries in a Member State constitutes an obstacle to the freedom to provide services. However, since the legislation in question does not entail any discrimination on grounds of nationality, that restriction may be justified if it is intended to protect consumers and maintain order in society.

Notes

The Court refers in paragraph 13 to the well-known Schindler case.