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EUROPEAN NEWS - GREECE
“We emphatically stress that we are raising exclusively the issue of leisure
games. We are not raising any problem whatsoever with regard to any
regulation related to the electronic gambling, or any other type of gambling
or betting, because we are not involved in the business of gambling or
betting at all,” says Serdaris.
“As already mentioned, Law 3037/2002 as well as the Draft aim at the
leisure games if played by any electronic, electric or electromechanical device.
Chess, if played over a computer or with a computer falls within the
prohibition, as well as backgammon or trivial pursuit or even scrabble, if
played, e.g., in a PC in a coffee shop waiting for your flight to be called or for
your train to come. So does the GameBoy, a very well known elementary
electronic game, even if a ten year’s kid plays with a game rated under Pegi
for 7+ year’s of age!”
“We also stress that the Greek police authorities are still implementing the
total ban of all leisure electric, electromechanical and electronic games, as
provided by the dismissed by the ECJ law 3037/2002. The intra community
trade has been strongly affected by the prohibition.”
From the legal point of view the Draft is breaching the European law, while
factually it creates a situation even worse than the situation it is supposed to
“In short, the Draft worsens the situation compared to the existing law ameliorate. It proves a clear unwillingness of the Greek authorities to comply
3037/2002, a law already dismissed by the European Court of Justice, but still with their legal obligations under EU law.
implemented by the Greek authorities. The European Court of Justice, by its “We are asking the Commission not to accept the Draft either as a
Judgment of 26th October 2006 in Case C-65/05 , has found that Greece has compliance with the Judgment or as a basis for a discussion. We are strongly
failed to fulfil her obligations under European community law. In the terms of suggesting that other legislations, including legislations notified to the
the Judgement, the terms of the Decision, Greece, ”by inserting into Articles Commission under Dir. 98/34 are able to serve as a basis for a discussion for
2(1) and 3 of Law No 3037/2002 the prohibition, subject to the criminal and a sound and lawful solution. We are ready to participate in any direct or
administrative penalties set out in Articles 4 and 5 of the same law, on the indirect consultation with any competent authority.
installation and operation of all electrical, electromechanical and electronic If additional information or analysis is needed and duly asked, we are ready
games, including all computer games, on all public or private premises apart to provide it,” concludes Serdaris.
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/CE of the
European Parliament and of the Council laying down a procedure for the
provision of information in the field of technical standards and regulations and
of rules on Information Society services, as amended by Directive 98/48/EC of
the European Parliament and of the Council of 20 July 1998.”
“The Greek government has never complied with the obligations
emanating form the Judgment; on the contrary clear documentation from
the Greek law and enforcement authorities prove their decision not to respect
the Judgment and to keep on the implementation of the dismissed by the
ECJ law 3037/2002. After the Judgment, dozens of cases have been and
are still brought before Court on the basis of Art. 2 (1), 3, 4 and 5 of law
3037/2002, as if the Judgement did not exist. The fact that Greek courts, in
general, acquit imprisoned operators of leisure games and invalidate the
heavy administrative fines imposed does not by itself alter the continuing
violation of the European law by the Greek authorities,” he adds.
On the basis of this situation some companies have filed a new complaint
against this conduct of the Greek authorities, as a result of which the
Commission started new judicial procedures against Greece on the basis of
Art. 228 par. 2 EU, menacing very high fines for non compliance with the
Judgment.
The “Draft provisions on technical leisure games” under discussion here
are submitted by the Greek Government to the Commission in the framework
of the procedures of Dir. 98/34 EU (notification 2008/184/GR), obviously not
as a result of the Judgment, but 18 months after, and only after and as a
result of this second referral to the Court.
The provisions of Draft also are in breach of the European community law,
in particular Art. 28, 43, 49 EU, and, therefore, should not be accepted. The
Draft does not indicate a genuine intention of the Greek government to
comply with the Decision and, more generally, with the requirements of the
European Law with regard to the free circulation of the leisure games.
SEPTEMBER 2008
31
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