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Italy’s decision to block gambling websites

Italy’s decision to block gambling websites. Casino Affiliate Convention Amsterdam, 9 April 2006 Thibault Verbiest Member of the Paris and Brussels Bar Thibault.verbiest@ulys.net. Italy’s decision to block gambling websites. Italian Finance act 2006 and AAMS decree

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Italy’s decision to block gambling websites

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  1. Italy’s decision to block gambling websites Casino Affiliate Convention Amsterdam, 9 April 2006 Thibault Verbiest Member of the Paris and Brussels Bar Thibault.verbiest@ulys.net

  2. Italy’s 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 30 000 to 180 000 Euros per infringement • Black list • European + non European • Private + national operators • All sectors

  3. Italy’s 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. Italy’s 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. Italy’s 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. Italy’s 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. Italy’s 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. Italy’s decision to block gambling websites Thank you for your attention Thibault Verbiest Member of the Paris and Brussels Bar Thibault.verbiest@ulys.net Evelyn Heffermehl Member of the Brussels Bar Evelynheffermehl@ulys.net ULYS Law Firm, Brussels

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