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Copyright Giulio Coraggio 2018

 

The European Court of Justice has issued an interesting decision in the case between Handelsgesellschaft Heinrich Heine GmbH v Verbraucherzentrale. Heinrich Heine, a mail-order company, provides in its general conditions of sale that the consumer is to pay a flat rate charge of € 4.95 for delivery. That sum is not refunded by the supplier even if the consumer exercises his right of withdrawal. Indeed, the EU Distance Selling Directive 1997/7 regulating any kind of distance contract (i.e. sales through the Internet, telephone, email etc.) prescribes that:"consumer shall have a period of at least seven working days [that are 10 working days under Italian law] in which to withdraw from the contract without penalty and without giving any reason. The only charge that may...

As a consequence of the upcoming launch of online poker cash games and casino games in Italy, Italian players will finally have the possibility to play games that used to play so far only in the 4 Italian real casinos or in foreign casinos through their computers, in their flats seating on their favourite couch.  As stressed in my previous post, these new games are expected to be considerably successful and to lead to a relevant increase in the turnover of gaming operators. Indeed, the decree regulating online poker cash games and casino games will allow Italian licensed operators not only to offer all the card games (including blackjack), under the functionalities single player and multi players, but for the first...

After the approval of the decree on online casino games and poker cash games, it is time for hard work for gaming engineers. Indeed, the Italian decree on cash games and casino games has required that the gaming platform dedicated to the offer of such games shall comply with some technical specifications and shall be certified by a so called certification entity. To this purpose, the Italian Gaming Authority has issued the Guidelines for the certification of the gaming platform and the application form and agreement for the certification entities that want to be accredited with the Italian Gaming Authority which is a requirement necessary to be qualified to certify the gaming platforms of Italian licensees. Considering the impressive potentialities...

As anticipated in a previous post (Cash Games and Casino Games in Italy: the long wait is over), the Italian Gaming Authority has issued the decree regulating online poker cash games and casino games.  Following the successful performance of the required technical authorisation process, Italian licensed operators will be able shortly to offer these new games, which are expected to represent the greatest development in the European gaming market in 2010.  Indeed, such change follows the launch of online skill games (that allowed only tournament based poker games) in 2008 that led Italy to become the greatest online gaming market in Europe, and - according to a market analysis - the launch of poker cash and casino games alone will...

The European Court of Justice has issued a landmark decision in a dispute between Google and Louis Vuitton concerning Google’s service AdWords. The dispute arised from a claim brought by Louis Vuitton before the French Court of Cassation as it found out in 2003 that: “the entry, by internet users, of terms constituting its trade marks into Google’s search engine triggered the display, under the heading ‘sponsored links’, of links to sites offering imitation versions of Vuitton’s products. It was also established that Google offered advertisers the possibility of selecting not only keywords which correspond to Vuitton’s trade marks, but also those keywords in combination with expressions indicating imitation, such as ‘imitation’ and ‘copy’”. Given the uncertainty in relation to...

The long awaited decree regulating online poker cash games and casino games in Italy has been finally published on the Official Gazette and Italian licensed operators will be able very shortly to offer such games.The decree prescribes that:operators need to go through an authorization process relating to their platform and each game they intend to offer; the gaming tax applicable on cash games and casino games is 20% of the revenues (i.e. turnover net of amount returned to players);at least 90% of the amount collected from players is allocated to the jackpot; the maximum initial stake cannot be higher than € 1,000.Also, the decree increased up to € 250 the maximum buy-in for skill games (including tournament based poker games)...

I am delighted to inform you that I have been invited as a speaker at the World Gambling Briefing which will take place in Malta on 24-25 March 2010. In particular, I will be one of the panelists during the session “Innovations in iGaming: What Unique Regulatory Challenges Will They Pose?” on the 24th afternoon. If you want to have a chat about the Italian gaming market or to just say hi, send an email to me, Giulio Coraggio, and I will more than happy to share a delicious Maltese pastizzi and a beer with you. ...

The 3 months consultation before the European Commission of the draft decree regulating the new Italian gaming license regime will expire on the 19th of March. However, there are already rumors on the potential outcome of the consultation. Indeed, it appears that the comments raised by some operators will oblige the Italian gaming authority to require a 3 months consultation before the European Commission also in relation to the further decrees implementing the abovementioned draft decree which will lead to further delays.This means that up to the full implementation of the decrees setting out the new licensing regime, new entrants in the Italian gaming market will not be able to apply for an Italian online gaming license. If these rumors are...

The Italian Criminal Court of Cassation issued a very interesting decision on defamatory comments published in an online forum. To give you a bit of background information, Italian press law prescribes that directors of editorial products (e.g. a journal, magazines, newspapers) are objectively liable for any content published on them even if they had no knowledge of the illegal material. The definition of editorial products includes also online products such information websites. This provision has been subject to considerable complaints because in several instances courts and public prosecutors have tried to extend its applicability to Internet hosting providers and these attempts would be in contrast with Articles 14 and 15 E-Commerce Directive according to which hosting providers are not obliged to monitor the contents...