CJEU Case C-36/02 / Judgment

Omega Spielhallen- und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn
Deciding body type
Court of Justice of the European Union
Deciding body
Court (First Chamber)
Type
Decision
Decision date
14/10/2004
ECLI (European case law identifier)
ECLI:EU:C:2004:614

Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.

  • CJEU Case C-36/02 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling: Bundesverwaltungsgericht - Germany.

    Freedom to provide services - Free movement of goods - Restrictions - Public policy - Human dignity - Protection of fundamental values laid down in the national constitution - "Playing at killing'.

    Outcome of the case:

    On those grounds, the Court of Justice (First Chamber) hereby rules:

    Community law does not preclude an economic activity consisting of the commercial exploitation of games simulating acts of homicide from being made subject to a national prohibition measure adopted on grounds of protecting public policy by reason of the fact that that activity is an affront to human dignity.

  • Relevance of Charter

    Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.