Commentary on Judgment No. 13657 of 2024: Abuse in Betting Collection Activities
The recent judgment No. 13657 of February 16, 2024, represents an important ruling by the Court of Cassation on gambling and betting. It addresses the delicate issue of abuse in betting collection activities, emphasizing the responsibilities of managers of betting shops affiliated with EU bookmakers. Let's analyze the key points of this decision and its legal implications together.
Regulatory Context
The judgment is based on Article 4, paragraph bis, of Law December 13, 1989, No. 401, which governs gambling and betting activities in Italy. According to this provision, anyone who unlawfully carries out gambling or betting activities is subject to criminal liability. In this specific case, the manager of a betting shop allowed their own betting account to be used, making it impossible to identify who actually placed the bet.
Reasons for the Judgment
The Court highlighted that such conduct constitutes an abusive intermediation activity. This approach contrasts with the possibility recognized for foreign operators to offer gambling services in a "pure" manner, meaning without illicit intermediation. The consequences of such illegality are significant, as they compromise not only the player protection system but also the regularity of the betting market.
Betting collection - Italian operator making their betting account available - Abusive intermediation activity - Existence - Reasons - Consequences. In the context of the unlawful exercise of gambling or betting activities, the manager of a betting shop affiliated with a European "bookmaker" who makes their betting account available to customers, allowing bets to be placed without indicating who actually made them, is liable for the offense under Article 4, paragraph bis, Law December 13, 1989, No. 401. This constitutes an illegitimate activity of intermediation and direct collection of bets, precluding the configuration of a "pure" cross-border service by the foreign operator, rendering any discriminatory aspect in the latter's participation in tenders irrelevant.
Conclusions
This judgment highlights the importance of complying with current regulations on gambling and betting. Managers of betting shops must be aware of the legal consequences arising from abusive practices. The Court of Cassation, with this decision, reaffirms the need to ensure a fair and transparent gambling market, thereby protecting consumers and maintaining the integrity of the sector. It is essential that all operators in the sector scrupulously adhere to regulations to avoid sanctions and ensure the legality of their operations.
