Gambling act – contradiction with EU law
The law firm drafted an application on behalf of the entrepreneur for the discontinuation of criminal tax proceedings for an act under 110a of the Fiscal Penal Code in conjunction with Article 29 of the Gambling Act, i.e. ban on gambling advertising.
The proposal was based on one of the most recent resolutions of a panel of seven Supreme Court judges. At the heart of the proposal is also an analysis of the case law of the Court of Justice of the EU to determine whether the Article 29 of the Gambling Act is a technical provision
within the meaning of Directive 98/34/EC (now 2015/1535), which has not been in accordance with the procedure applicable under the aforementioned Directive notified to the relevant EU bodies – which may result in its ineffectiveness.