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Italy’s Constitutional Court ruling on gaming cited in tax and criminal cases

Regulation

Lawyer Marco Ripamonti said Italy’s Constitutional Court ruling 104/2025 has also been applied in tax and criminal proceedings, as well as challenges to administrative penalties. The ruling found unconstitutional a provision of the Balduzzi Decree that prohibited making electronic tools available for gambling, he said.

The reported application could affect proceedings involving gambling-related electronic tools and administrative penalties.

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Regulation

Italy’s Constitutional Court hears challenge to €50,000 gambling-advertising penalty floor

Italy’s Constitutional Court held a public hearing on a Lazio Regional Administrative Court referral challenging the €50,000 minimum penalty for gambling-advertising violations. The case arose from an Agcom order imposing a total €157,000 penalty on a content creator over promotional material shared through three online channels. The state’s legal office argued that the penalty framework is not fixed because it also calculates sanctions at 20% of advertising value.

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