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Her Majesty's Customs and Excise v. Gerhart Schindler and Jörg Schindler, Case C-275/92, CJEU, 24 March 1994

Abstract

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

Normative references

Art. 43 EC Treaty (Art. 49 TFEU) 
Art. 49 EC Treaty (Art. 56 TFEU) 

Ruling

1. It is not possible to disregard the moral, religious or cultural aspects of lotteries, like other types of gambling, existing in all the Member States. The general tendency of the Member States is, in fact, to restrict, or even prohibit, the practice of gambling and to prevent it from being a source of private profit (para 60).

2. A national legislation which, like the United Kingdom legislation on lotteries, prohibits, subject to specified exceptions, the holding of lotteries in a Member State is an obstacle to the freedom to provide services. 

3. However, since the legislation in question involves no discrimination on grounds of nationality, that restriction may be justified if it is for the protection of consumers and the maintenance of order in society.
(Request for a preliminary ruling from High Court of Justice, Queen's Bench Division - United Kingdom. In the instant case, the UK legislation prohibited or limited lotteries and gambling, in view of the concerns of social policy and of the prevention of fraud which justify it). 

Notes

Beyond the case-law in this database, as to lotteries and gamblings, see also: 
- Placanica, Palazzese and Sorricchio, Joined Cases C-338/04, C-359/04, C-360/04, CGEU (Grand Chamber), 6 March 2007, available at: Judgment_Curia 
- Commission v. Greece, Case C-65/05, CGEU, 26 October 2006, available at: Judgment_Curia