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Austria / Supreme Administrative Court / 2008/17/0113

An anonymised Austrian national v Independent Administrative Penal of Styria

Policy area:
Enterprise
Deciding Body type:
National Court/Tribunal
Deciding Body:
Austria / Supreme Administrative Court
Type:
Decision
Decision date:
10/10/2011

Key facts of the case:

The owner of a pub – an Austrian national – was convicted by the District Commission (Bezirkshauptmannschaft) for “Graz-Umgebung” for having violated the Austrian Law of Gaming (Glückspielgesetz, GSpG) by having installed a black jack table in his pub on 26 April 2007. The owner appealed against this decision to the Independent Administrative Panel of Styria who confirmed the ruling of the first instance on 20 May 2008. In its decision, the Independent Administrative Panel of Styria argued that the case did not contain a cross border element but regarded a purely internal situation. Principles of Union law would thus not need to be assessed. The owner of the pub appealed against this decision and claimed, inter alia, that two of the persons who were playing in this pub were Hungarian and Slovenian nationals.