Italy's constitutional court, in judgment 172 deposited on 20 October, declared unconstitutional the fixed €50,000 minimum penalty under article 9(2) of the Dignity Decree for gambling advertising breaches. The court said a lower amount may be applied where the fine is manifestly disproportionate to the gravity of the breach, the offender's conduct and their economic circumstances.
Italy's constitutional court has declared unconstitutional the fixed €50,000 minimum penalty under article 9(2) of the Dignity Decree for breaches of the ban on gambling advertising, in judgment 172 deposited on 20 October, according to the judgment text. The court ruled that the provision is unlawful in the part requiring a fine of no less than €50,000 for each violation, instead allowing a lower amount where the minimum is manifestly disproportionate to the gravity of the breach, the offender's efforts to remove or mitigate its consequences, and the offender's personality and economic circumstances.