Vrij verkeer van goederen: Procedure tegen Griekenland inzake verbod op toegang electronische spellen op Griekse markt (en)

The European Commission has decided to refer Greece to the European Court of Justice over its ban on the installation and operation of electrical, electromechanical and electronic games, including computer games, in all public and private places - including premises providing Internet services (cyber cafés). The Commission considers that the Greek law in question (of 29 July 2002) is incompatible with the provisions of the EC Treaty on the free movement of goods and services and the freedom of establishment. The fact that the law was not notified at the draft stage also constitutes an infringement of Directive 98/34/EC, which provides for prior notification of national regulations laying down technical rules for on-line goods and services. Despite promising to amend its legislation in response to the Commission's reasoned opinion sent in April 2004 (see IP/04/441), Greece has yet to introduce any change.

The Commission believes that the Greek legislation is disproportionate, insofar as it applies not only to equipment (slot machines) and games of chance which might give rise to social concerns but also games of an entirely different nature which are not, in themselves, a source of particular disquiet with regard to public order or consumer protection.

Firstly, by banning the games themselves, the Greek law has prevented games lawfully produced or marketed in other Member States from being imported and marketed in Greece, in contravention of the principle of the free movement of goods laid down in Article 28 of the EC Treaty.

Secondly, by prohibiting service activities related to electronic games - such as their maintenance - the ban stops businesses which provide such services legitimately in other Member States from providing the same services in Greece. Yet their right to do so is guaranteed under the principle of the freedom to provide services set out in Article 49 of the EC Treaty and under the freedom of establishment (in other words to set up a permanent presence in another Member State) guaranteed by Article 43 of the EC Treaty.

Lastly, to the extent that it lays down rules on electronic and mechanical devices and governs the activities of Internet service providers, the Greek law should have been notified to the Commission in advance pursuant to Directive 98/34 /CE, which provides for prior notification of national regulations laying down technical rules for on-line goods and services.

Given that information society services are by definition often provided across borders, this prior notification is intended to help ensure that rules made in one Member State do not damage the interests of businesses and citizens in others.

The latest information on infringement proceedings concerning all Member States can be found at the following site:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm