Judgments nº C-65/05 of Court of Justice of the European Communities, October 26, 2006
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Summary
Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Free movement of goods - Article 43 EC - Freedom of establishment - Article 49 EC - Freedom to provide services - Prohibition on the installation and operation of electrical, electromechanical and electronic games subject to criminal or administrative sanctions - Directive 98/34/EC - Technical standards and regulations - National legislation applicable to electrical, electromechanical and electronic games
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Extract
Judgments nº C-65/05 of Court of Justice of the European Communities, October 26, 2006
In Case C-65/05,
ACTION under Article 226 EC for failure to fulfil obligations, brought on 10 February 2005, Commission of the European Communities, represented by M. Patakia, acting as Agent, with an address for service in Luxembourg, applicant, v Hellenic Republic, represented by A. Samoni-Rantou and N. Dafniou, acting as Agents, with an address for service in Luxembourg, defendant, THE COURT (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Schintgen, P. K-ris (Rapporteur), G. Arestis and L. Bay Larsen, Judges, Advocate General: F.G. Jacobs, Registrar: R. Grass, having regard to the written procedure, having decided, after hearing the Advocate General, to proceed to judgment without an Opinion, gives the following Judgment 1 By its application, the Commission of the European Communities requests the Court to declare that, by inserting into Article 2(1), the second paragraph of Article 3, Article 4 and Article 5 of Law No 3037/2002 (FEK A- 174/30.7.2002) a prohibition on the installation and operation of all electrical, electromechanical and electronic games, including technical recreational games and all computer games, on all public or private premises apart from casinos, the Hellenic Republic has failed to fulfil its obligations under Articles 28 EC, 43 EC and 49 EC and Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ 1998 L 204, p. 37), as amended by Directive 98/48/EC of the European...See the full content of this document
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