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

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.

The Council of State upheld the reasoning behind the earlier Lazio regional administrative court (TAR) rulings, which had allowed the appeals on the grounds that there was no transitional regime. According to the judges, the introduction of the register and its requirements can affect the make-up of the network of retailers linked to concessions. The judges said that pointing to the number of PVRs already entered in the register is not enough to rebut this.

The rulings also address the relationship between the register and the wider reorganisation of the sector under enabling law no. 111/2023. ADM argued that the PVR register is not the tool meant to rationalise the physical network. The Council of State acknowledged that the TAR had cited article 2 of the enabling law instead of article 15, paragraph 2, letter c). The panel described this as a clerical error that does not affect the outcome of the case.

On the weekly cap, the judges rejected the operators' objections and said the measure is not mainly about preventing money laundering but about protecting health and more vulnerable players. They said that, although the enabling law does not expressly mention limits on online account top-ups, the provision adopted by the delegated legislator is consistent with the aims set by Parliament.

On the ban affecting clubs and associations, the Council of State said article 13 of the legislative decree reorganising the online sector lists authorisation holders among those who may act as PVRs, without a general exclusion for clubs and associations. It concluded that ADM introduced a ban not provided for in primary legislation and not justified by the powers given to the agency for managing the register. The administration remains able to put in place control measures to ensure compliance on the premises of clubs and associations.

The rulings also confirm the lawfulness of the other contested aspects of the rules, including the authorisation requirements, the provisions on contracts between concessionaires and PVRs, and the guidance in the agency's FAQs.