Asunto C-464/15: Sentencia del Tribunal de Justicia (Sala Séptima) de 30 de junio de 2016 (petición de decisión prejudicial planteada por el Landesgericht Wiener Neustadt — Austria) — Admiral Casinos & Entertainment AG/Balmatic Handelsgesellschaft mbH y otros [Procedimiento prejudicial — Artículo 56 TFUE — Libre prestación de servicios — Juegos de azar — Normativa de un Estado miembro que prohíbe, bajo pena de sanciones penales, la explotación de máquinas tragaperras de ganancia limitada (kleines Glücksspiel) sin disponer de una concesión otorgada por la autoridad competente — Restricción — Justificación — Proporcionalidad — Apreciación de la proporcionalidad basada tanto en el objetivo de la normativa en el momento en que se adoptó como de los efectos que ha producido al ser aplicada — Efectos constatados empíricamente con seguridad]
Section | información judicial |
Issuing Organization | Tribunal de Justicia de las Comunidades Europeas |
12.9.2016 ES Diario Oficial de la Unión Europea C 335/25
Lengua de procedimiento: alemán
Landesgericht Wiener Neustadt
Demandante: Admiral Casinos & Entertainment AG
Demandadas: Balmatic handelsgesellschaft mbH, Robert Schnitzer, Suayip Polat KG, Ülkü Polat, Attila Juhas, Milazim Rexha
El artículo 56 TFUE ha de interpretarse en el sentido de que el control de la proporcionalidad de una normativa nacional restrictiva en materia de juegos de azar debe basarse, no sólo en el objetivo perseguido por esa normativa, tal como se presentaba en el momento en que fue...
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