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Italys decision to block gambling websites Casino Affiliate Convention Amsterdam, 9 April 2006 Thibault Verbiest Member of the Paris and Brussels Bar

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Presentation on theme: "Italys decision to block gambling websites Casino Affiliate Convention Amsterdam, 9 April 2006 Thibault Verbiest Member of the Paris and Brussels Bar"— Presentation transcript:

1 Italys decision to block gambling websites Casino Affiliate Convention Amsterdam, 9 April 2006 Thibault Verbiest Member of the Paris and Brussels Bar

2 Italys decision to block gambling websites Italian Finance act 2006 and AAMS decree Italian ISP to block access to 684 gambling websites not authorized by the competent Italian authorities under fines ranging from to Euros per infringement Black list European + non European Private + national operators All sectors

3 Italys decision to block gambling websites Background: Court of Rome, February 2005: Coni vs Ladbroke: Place of establishment of a supplier of online services determined according to the location where the company has the centre of its activities in relation to that specific service, and not in relation to the location where the web site technology is located Absence of any organised activity aiming at facilitating the collection/acceptance of bets with the use of individuals or means operating on the national territory, prevents in its very nature that an illegal criminal conduct may be said to exist. Italian Finance Act aimed at resisting this jurisprudence

4 Italys decision to block gambling websites Current developments Commission opens infringement proceedings against Italy ECJ Placanica case pending Complaints sent to the Commission against Italian legislation

5 Italys decision to block gambling websites Legal issues Notification directive(98/34/EC): Com. Comments Article 49 EC Treaty E-commerce directive Freedom of speech (ECHR): not yet any technology which could not be circumvented and provide full effectiveness in blocking or filtering illegal and harmful information whilst at the same time avoiding blocking entirely legal information resulting in violations of freedom of speech. National courts seized

6 Italys decision to block gambling websites So far Letters sent to the Italian Authorities European Commission comments Lawsuits filed in Italy by remote gaming operators Several complaints lodged to the European Commission National ISP in negotiation with AAMS: no action at European level

7 Italys decision to block gambling websites What next? Unlikelihood that legislation can be upheld Time frame difficult to set Likely scenario: changes might occur from Commission infringement proceedings from ECJ Placanica case (Gambelli 2) Unlikelihood of other Member States following suit: European pressure

8 Italys decision to block gambling websites Thank you for your attention Thibault Verbiest Member of the Paris and Brussels Bar Evelyn Heffermehl Member of the Brussels Bar ULYS Law Firm, Brussels


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