The Engelmann ruling and its implications on Austria
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By Attorney-at-law Dr. Arthur Stadler and scientific assistant Nicholas Aquilina from our
Austrian co-operation partner Brandl & Talos law firm.
A year and a day after the European Court of Justice (“ECJ”) had ruled on the Portuguese case C-42/07, Liga Portuguesa and only one day after three judgements in German gaming cases (C-316/07 et al, Markus Stoß et al, C-46/08, Carmen Media and C-409/06, Winner Wetten), the ECJ issued its judgement on the Austrian case for a preliminary ruling C-64/08, Engelmann on 9 September 2010. The Court holds that certain provisions in the Austrian Gaming Act and “the total absence of transparency for the purposes of the grant of the concessions” to the Austrian de-facto monopolist casino operator, Casinos Austria AG (“CASAG”), are contrary to EU law. … Continue Reading