Jurisprudence

  • Informations concernant l’affaire
    • ID national: Court of Cassation, Judgement 18-22.137
    • État membre: France
    • Nom commun:N/A
    • Type de décision: Décision de la Cour suprême
    • Date de la décision: 29/01/2020
    • Juridiction: Cour de cassation
    • Objet:
    • Demandeur:
    • Défendeur:
    • Mots clés: Unfair commercial practice, games of chance
  • Articles de la directive
    Unfair Commercial Practices Directive, Chapter 1, Article 2
  • Note introductive

    ECLI identifier: ECLI: FR:CCASS:2020:CO0094

     

    It follows from recital 9 of Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market that its provisions apply without prejudice to Community and national rules relating to authorisation schemes, in particular those rules which, in accordance with Community law, concern gambling activities. It follows that national laws and regulations governing gambling cannot be disapplied on the ground that the practice in question does not fall within the scope of the Directive and is therefore not prohibited by the provisions of that Directive.

  • Faits

    Winamax, which runs an online poker site allowing Internet users to participate in the tournaments it organises, has set up an indoor poker tournament called "Winamax Poker Tour", which took place in October 2017 in France, with the final taking place in Paris on 6 March 2018. The Court ruled that this operation constituted the offences of unlawful possession of a gaming house, gambling on the public highway or its outbuildings, and advertising for an unauthorised gaming house, within the meaning of Article L. 324-1 of the Internal Security Code. The Syndicat des casinos modernes de France, the Syndicat des casinos de France, the Association des casinos indépendants français, and the company Forges thermales (the casinos) brought an injunction against the company Winamax to prohibit it, under penalty of sanction, from organising the indoor stages of the tournament.

  • Question juridique

    On what basis can the disorder caused by society be condemned?

  • Décision

    The Court of Cassation considered that the Court of Appeal, which found that the Winamax Poker Tour tournament, which was organised in rooms, was a game of chance in anticipation of a win, without having to find that this practice was unfair and without it being important for the Winamax company to operate an online poker site approved by the French online gaming regulatory authority (ARJEL), deduced exactly from this that the company was not complying with the applicable regulations, which constituted a manifestly unlawful disruption.

    URL: https://www.courdecassation.fr/jurisprudence_2/arrets_publies_2986/chambre_commerciale_financiere_economique_3172/2020_9593/janvier_9594/94_29_44356.html

    Texte intégral: Texte intégral

  • Affaires liées

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  • Doctrine

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  • Résultat

    In the absence of reasonable doubt as to the interpretation of Article 2 of Directive 2005/29/EC of 11 May 2005, there is no need to refer a question to the Court of Justice of the European Union for a preliminary ruling.