Emilia-Romagna court upholds fines over five AWP machines near sensitive site

The regional administrative court for Emilia-Romagna has rejected an appeal against penalties imposed by the Municipality of Reggio Emilia over the new installation of five AWP machines in a venue less than 500 metres from sensitive locations. The ruling was issued by the court's Parma section.

The case concerned five alleged breaches of article 6 of Emilia-Romagna regional law 5/2013. The reports, issued on 2 January 2024, set a fine of €9,000 for each machine, plus sealing of the devices to stop gaming activity.

The dispute centred on the replacement of the network concessionaire. The appellant argued that the five machines were already present in the venue and that the switch to a new concessionaire's network took place under a contract signed in 2014, before the regional ban was introduced, so the operation should not have been treated as a new installation.

The Municipality of Reggio Emilia maintained that the five devices connected to the new network were different from those previously installed, which had been removed on 26 September 2023. The new machines were connected to the telematic network of the Agenzia delle Dogane e dei Monopoli on 29 September of the same year.

The court found this element decisive. Documentation showed that the machines at issue were new and distinct from the previous ones, as demonstrated by different identification numbers in the public registers. The case was therefore treated as a new installation, without the need to examine the objections concerning the telematic network connection or the succession of concessionaire contracts.

The decision rests on article 6, paragraph 2-bis, of regional law 5/2013, which prohibits the new installation of lawful gaming machines under article 110, paragraph 6, of the TULPS in venues less than 500 metres, measured by the shortest pedestrian route, from sensitive locations identified by the rules. Paragraph 2-ter treats as a new installation the renewal of a contract between operator and concessionaire, the signing of a new contract with a different concessionaire where the previous one is terminated or rescinded, and the installation of machines in another venue following relocation of the business.

The appellant had also challenged regional council resolution 831/2017, arguing that the administrative interpretation of new installation, extended to the connection of machines to telematic networks, improperly widened the legislative provision. Constitutional legitimacy concerns were also raised in relation to articles 3 and 41 of the Constitution. The court rejected these objections as well, finding unfounded the further grounds concerning the administrative investigation and the operator's lack of fault. The appeal was rejected in full.

Legal costs were set at €1,500 in favour of the Emilia-Romagna Region and a further €1,500 in favour of the Municipality of Reggio Emilia, plus statutory additions.