The action concerns Greek Law Number 3037, passed in July 2002.
According to an English translation of the law, this prohibits the
"operation and installation of any game [including electrical,
electromechanical and electronic games] placed in public places
such as hotels, cafeterias, organisation halls and in any other
public or private place".
The Greek government has since confirmed that only electronic
games related to gambling are prohibited, but the Commission has
questioned the compatibility of the law with the provisions of the
EC Treaty on the free movement of goods and services and the
freedom of establishment.
In October 2002, the Commission sent the Greek authorities an
initial letter of formal notice drawing attention to the fact that
prohibiting electrical, electromechanical and electronic games in
all public places, with the exception of casinos, could in practice
restrict the import of these products in contravention of the rules
of the EC Treaty on the free movement of goods.
The Greek response did not satisfy the Commission, and in July
last year it sent Greece a further official request for information
in the form of a supplementary letter of formal notice,
representing the first stage of the infringement procedure provided
for by the EC Treaty. This was followed up in April by a "reasoned
opinion", formally requesting the Greek government to amend the
law.
The Commission's biggest concern is that the general ban on
games 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.
In addition the law, says the Commission, has made it impossible to
provide and supply electronic games equipment and programmes,
particularly in public places, or to perform related activities
(for example, the installation, repair and maintenance of such
equipment and programmes).
This may well prevent businesses being set up in the country, or
prevent firms from other Member States from carrying out services –
in breach of EU principles of free movement of goods and services
and the freedom of establishment.
The fact that the law was not notified to the Commission at the
draft stage also raises questions concerning a possible
infringement of a Directive that provides for prior notification of
national regulations laying down technical rules in respect of
on-line goods and services.
Greece promised to amend the law earlier this year, but as yet
has not introduced any changes to the legislation. Accordingly,
says the Commission, it has been forced to refer the matter to the
European Court of Justice.
