Italy’s Council of State upholds PVR rules and annuls private-club ban
Regulation1 min read
Italy’s Council of State rejected the Customs and Monopolies Agency’s appeal over rules for retail betting recharge points, keeping the delayed application of new requirements to concessionaires under technical extensions. It upheld the ban on printed betting materials and the €100 weekly cap on untraceable top-ups, but annulled the prohibition on PVRs in private clubs and association premises.
Italy's Council of State has rejected an ADM appeal, leaving in place a halt to the immediate application of new retail betting recharge point rules to concessionaires operating under technical extensions. The court said applying the requirements immediately could reduce the network of outlets and affect existing concession arrangements.
The court upheld a ban on recharge points providing customers with printed material referring to gambling events, schedules or odds. It said the prohibition was intended to prevent gambling promotion or intermediation, which fall outside the points' ancillary function.
The court upheld a €100 weekly limit on top-ups made in cash or using untraceable payment methods. The ruling said the measure was intended to protect vulnerable people and prevent gambling disorders. The cap does not apply to traceable payment methods already validated by the concessionaire. The court rejected the argument that the restriction could encourage illegal gambling.
The court annulled the absolute ban on locating recharge points in private clubs and association premises, including those authorised under article 86 of the TULPS. It found the restriction disproportionate and harmful to freedom of economic initiative. The annulled provision formed part of an ADM determination dated 25 October 2024.