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Council of State reviews Agcom appeal over €60,000 YouTube gambling-ad fine

Enforcement & compliance

Italy’s Council of State heard Agcom’s appeal against a ruling that annulled a €60,000 penalty imposed on a company holding a YouTube channel. Agcom had alleged a breach of the gambling-advertising ban and sought removal of the videos; the lower court found the company could not be held liable for videos made before it existed. A decision is expected in the coming months.

The appeal will determine whether the company can be held responsible for gambling videos created before its formation.

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Regulation

Italy’s Council of State blocks immediate PVR rules for concessionaires under extension

Italy’s Council of State rejected appeals by the Customs and Monopolies Agency, ruling that new rules for the PVR register cannot immediately apply to concessionaires under technical extensions and their associated retailers. It also annulled the ban on PVR outlets in private clubs and certain association premises, while upholding the €100 weekly limit on less-traceable top-ups.

Italy's Council of State has rejected appeals by the Customs and Monopolies Agency (ADM) over the register of top-up retail points (PVR). The Sixth Section confirmed that the new provisions cannot be applied immediately to concessionaires under a technical extension or to the retailers linked to them. The judges also upheld objections to the ban on placing PVRs in private clubs and in the premises of associations holding a security authorisation, and annulled the relevant provision of the ADM determination of 25 October 2024. The limit of €100 a week on top-ups made in cash or with instruments that are not fully traceable remains valid.

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