Commentary on Judgment No. 13657 of 2024: Abuse in Betting Collection Activities

The recent ruling No. 13657 of February 16, 2024, represents an important pronouncement by the Court of Cassation regarding gambling and betting. It addresses the delicate issue of abuse in betting collection activities, emphasizing the responsibilities of operators of betting centers affiliated with community bookmakers. Let’s analyze the key points of this decision and its legal implications.

The Regulatory Context

The ruling is based on Article 4, paragraph-bis, of Law No. 401 of December 13, 1989, which regulates gambling and betting activities in Italy. According to this provision, anyone who unlawfully engages in gambling or betting activities is subject to criminal liability. In this specific case, the operator of a betting center allowed the use of their gaming account, making it impossible to identify who actually placed the bet.

The Reasons for the Judgment

The Court highlighted that such behavior constitutes an act of unlawful intermediation. This approach contrasts with the possibility granted to foreign operators to offer gaming services in a "pure" manner, that is, without illicit intermediation. The consequences of such unlawfulness are significant, as they compromise not only the player protection system but also the regularity of the betting market.

Betting collection - Provision of one's gaming account by the Italian operator - Act of unlawful intermediation - Existence - Reasons - Consequences. In the case of unlawful exercise of gambling or betting activities, the operator of a betting center affiliated with a community "bookmaker" who makes their gaming account available to customers, allowing the bet to be placed without revealing who actually made it, is liable for the crime referred to in Article 4, paragraph-bis, Law No. 401 of December 13, 1989, thus realizing an unlawful activity of intermediation and direct collection of bets that excludes the configurability of a "pure" cross-border service of the foreign operator, with consequent irrelevance of any discriminatory aspect in the participation of the latter in the competitions.

Conclusions

This ruling highlights the importance of complying with current regulations regarding gambling and betting. Operators of betting centers must be aware of the legal consequences arising from abusive practices. The Court of Cassation, with this decision, reaffirms the necessity of ensuring a fair and transparent gaming market, thus protecting consumers and maintaining the integrity of the sector. It is essential that all operators in the industry scrupulously adhere to regulations to avoid penalties and ensure the legality of their operations.

Bianucci Law Firm