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The Court of Justice of the European Union (CJEU) is to decide on the legitimacy of Italian regulations concerning fines for violating the ban on advertising gambling, just as the government considers softening the country’s total ad ban.
Italy’s highest administrative court, the Italian Council of State, has issued a ruling referring the matter to the CJEU for a preliminary ruling after raising doubts about the interpretation of European law regarding Italy's 2018 Dignity Decree, which banned gambling advertising.
The Italian authority had determined that LeoVegas — a company legally based in Malta and owned by US-based MGM — had broadcast advertisements for specific gambling games and slot machines on satellite TV channel Sky 237, leading to a €50,000 fine.
The company argued that its marketing activities fall under the "information society services" category, as it operates under a concession for online gambling and betting, offering services via a contract signed with the Agency of Customs and Monopolies (ADM).
LeoVegas challenged the decision before the Regional Administrative Court (TAR), which rejected the appeal.
However, after analysing European and domestic laws relevant to the case, the judges at the Council of State in Rome identified an interpretative uncertainty regarding the specific EU directive, particularly when gambling advertising is carried out via a television channel.
As a result, the CJEU has been asked to rule on whether Italy's gambling advertising ban is compatible with the European Union's principles of freedom, legal certainty, equal treatment and non-discrimination.
The Dignity Decree is set to be revisited, with the Italian government taking steps to amend it.
On March 5, the Senate's Culture Commission approved a resolution on football that would allow for some gambling ads to return to the sport.
The commission’s decision is not a law, but a policy directive, and the government must issue a decree to make the changes effective.
However, the process will not be easy. Opposition parties, including the Democratic Party and the 5Star Movement, media outlets and Catholic associations have strongly criticised the potential return of gambling advertising.
In the coming weeks, meetings are scheduled between the Ministry of Economy and Finance (represented by deputy minister Maurizio Leo), sport minister Andrea Abodi and Serie A League officials, led by newly appointed president Ezio Simonelli.
