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Poland / Supreme Administrative Court / II GSK 3862/17

A Sp. z o.o. z siedzibą w B.-B., Director of the Customs Chamber in Krakow

Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Type:
Decision
Decision date:
29/01/2020
Key facts of the case:
The applicant, a limited liability company, was fined in 2016, following a control, for running two gambling machines in its premises which did not constitute a casino. The decision of the Head of Customs Office in Krakow was appealed and upheld by the Director of the Customs Chamber in Krakow. The company then filed an appeal to the Regional Administrative Court in Krakow, which dismissed the appeal. The Court stressed, among others, that domestic provisions on the basis of which the fine was imposed did not violate rights enshrined in Articles 15-17 of the Charter, namely the freedom to choose an occupation and right to engage in work, the freedom to conduct a business and the right to property. A cassation appeal to the Supreme Administrative Court has been filed by the applicant against this ruling. The 2009 Gambling Act reads that the functioning of gambling machines is allowed, following obtaining a concession (Article 6), only in casinos and pursuant to rules and conditions set out in the concession or by the provisions of law [Article 14(1)].
 
Key legal question raised by the Court:
The Court had to establish if Articles 6 and 14(1) of the Gambling Act are in conflict with Articles 15-17 of the Charter, and whether they pass the proportionality test applicable to limitations of the Charter’s rights.
 
Outcome of the case:
The Court dismissed the cassation appeal of A. Sp. z o.o. z siedzibą w B.-B. concerning a financial penalty imposed by the Director of Customs Chamber in Krakow.