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Bonichot, A. Member States are recommended to achieve a high level of protection for consumers, players and minors through the adoption of principles for online gambling services and for responsible commercial communications of those services, in order to safeguard health and to also minimise the eventual economic harm that may result from compulsive or excessive gambling. In the light of all of the foregoing, the appeal must be dismissed in its entirety. In support of its appeal, the Kingdom of Belgium relies on three grounds of appeal. European Commission , represented by F. Multilingual display. Kingdom of Belgium , represented by L. Digital reports Court Reports - general - 'Information on unpublished decisions' section. Silva de Lapuerta, J. Since the Commission has applied for costs to be awarded against the Kingdom of Belgium and since the latter has been unsuccessful, the Kingdom of Belgium must be ordered to pay the costs. Lenaerts, President, A. It added that the contested recommendation produces indirect legal effects because, on the one hand, under their duty of sincere cooperation, the Member States are subject to an obligation to use their best endeavours to comply with it and, on the other, national courts and tribunals will also have to take the recommendation into consideration. The appeal 17 In support of its appeal, the Kingdom of Belgium relies on three grounds of appeal. Observance of the principle of institutional balance implies, as a consequence, that the EU Courts can verify whether the Commission had, in the present case, a substantive legal basis on which to adopt the contested recommendation. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. Vilaras, Judges,. This document is an excerpt from the EUR-Lex website. Document published in the digital reports. Skip to main content. The third ground of appeal Arguments of the parties 46 By its third ground of appeal, the Kingdom of Belgium submits that the General Court, after finding that the contested recommendation is drafted in mandatory terms in its German- and Dutch-language versions, ought to have recognised that that recommendation seeks to produce binding legal effects, at least with regard to it. Languages and formats available. The Commission added that none of the arguments raised by the Kingdom of Belgium in the application could cast doubt on that classification of the contested recommendation as an act not open to challenge. Consequently, the General Court dismissed the action as inadmissible and found that there was therefore no need to rule on the applications to intervene. It follows that the first and second grounds of appeal must be rejected in their entirety. Levits, Presidents of Chambers, E. Auwerx, advocaten, appellant, the other party to the proceedings being: European Commission , represented by F. Suffice it to note, in this respect, that that act was a Council deliberation recorded in the minutes of a meeting, in regard to which the Court, in order to assess whether it could be challenged, examined whether it was intended to produce binding legal effects. By its appeal, the Kingdom of Belgium claims that the Court should: —. It shall be binding in its entirety and directly applicable in all Member States. Orders the Kingdom of Belgium to pay the costs. This Recommendation does not interfere with the right of Member States to regulate gambling services. It follows that all language versions of an EU act must, in principle, be recognised as having the same value. However, in exceptional cases, the impossibility of bringing an action for annulment against a recommendation does not apply if the contested act, by reason of its content, does not constitute a genuine recommendation. Vlaemminck, B. Van den Broeck, M. The first and second grounds of appeal. Language of the case Language. On those grounds, the Court Grand Chamber hereby:. The third ground of appeal. The exclusion of recommendations from the scope of that review must, it submits, be subject to strict interpretation. Use the Advanced search. Wilman and H. Van Vooren, R. The Commission contends that the Court should: —. Thus, the wording used in one of the language versions of an act cannot serve as the sole basis for the interpretation of that act, or be made to override the other language versions in that regard. Expand all Collapse all. Accordingly, the third ground of appeal cannot succeed. A decision which specifies those to whom it is addressed shall be binding only on them.

Judgment of the Court Grand Chamber of 20 February Kingdom of Belgium v European Commission. A gambling lietuviskai shall be binding in its entirety. By its third ground of appeal, the Kingdom of Belgium submits that the General Court, after finding that the contested recommendation is drafted in mandatory terms in its German- and Gambling lietuviskai versions, ought to have recognised that that recommendation seeks to produce binding legal effects, at least with regard to it.

Van Holm, acting as Agents, and by P. Quick search. Arabadjiev, C. Recommendations and opinions navigate to sands casino bethlehem have no binding force. Contrary to what the Kingdom of Belgium submits, it is not therefore sufficient that an institution adopts a recommendation which allegedly disregards certain principles or procedural rules in gambling lietuviskai for that recommendation to be amenable to an action for annulment, although it does not produce binding legal effects.

According to the Commission, this ground of appeal must be rejected in so far as, by basing itself on a textual criticism relating solely to certain language versions, that ground of appeal disregards the principle of uniform interpretation of the provisions of EU law.

Lycourgos and M. Tserepa-Lacombe, acting as Agents, with an address for service in Luxembourg. The Kingdom of Belgium considered the action to be admissible.

EU case-law Case-law Digital reports Directory of case-law. Help Print this page. Bobek, Registrar: M. Even in a case involving a genuine recommendation, it submits, the General Court thus has jurisdiction to determine gambling lietuviskai or not those principles had been infringed during the adoption of that recommendation, without requiring a full review of the material content thereof.

Tizzano, Vice-President, R. Forms of order sought by the parties 15 By its appeal, the Kingdom of Belgium claims that the Court should: — set aside the order under appeal in its entirety; — gambling lietuviskai the action for annulment to be admissible; uno gambling rule on the substance of the case; — declare the applications to intervene lodged by the Hellenic Republic and the Portuguese Republic to be admissible; and — order the Commission to pay the costs.

Borg Barthet, J. The proceedings before the General Court and the order under appeal.

A regulation shall have general application. Title click reference.

Need more search options? Vilaras, Judges, Advocate General: M. Verbeke and J. Dismisses the appeal.

Toader Rapporteur , C. Jacobs and J. Auwerx, advocaten,. The Commission contends that these grounds of appeal should be rejected.