Commentary on the ruling Order No. 17985 of 2024: the regulation of financial flows in legal gambling

Order No. 17985 of July 1, 2024, issued by the Court of Cassation, represents a fundamental piece in the regulation of legal gambling and the related financial flows. In particular, it clarifies the obligation to use traceable payment instruments and the responsibility of the various figures involved in the gambling supply chain, including the installers of online gaming machines.

The regulatory context of the ruling

The Court, chaired by G. Travaglino and with G. Cricenti as the reporting judge, rejected the appeal presented by V. (M. R.) against Y., affirming the application of the rules governing the financial flows of legal gambling. Italian law, in particular, imposes the obligation to not make cash payments to all figures operating in the supply chain, not limited only to the concessionaires.

The regulation of financial flows related to legal gambling, through traceable payment instruments, imposes the obligation to not make cash payments to "all figures operating in the supply chain in various capacities," and therefore not only to the concessionaire but also to those who install the necessary machines for online gambling.

The implications of the ruling

This ruling is of crucial importance for the gambling sector, as it emphasizes that responsibility does not solely lie with the concessionaires but also extends to the installers. Below are some key considerations:

  • Strengthening legality: The obligation to use traceable payment instruments helps to combat tax evasion and illegal activities in the gambling sector.
  • Extended responsibility: The installers of gaming machines are now included among the recipients of the obligation, which implies greater oversight of financial transactions.
  • Regulatory clarity: The ruling clarifies previously existing ambiguities regarding who was obliged to comply with such obligations, facilitating the application of existing laws.

Conclusions

In conclusion, Order No. 17985 of 2024 represents a significant step forward in the regulation of legal gambling in Italy. It not only clarifies the responsibilities of the various figures involved but also promotes a more transparent and lawful environment in the sector. It is essential that all operators in the sector are aware of these obligations to avoid sanctions and ensure compliance with current regulations.

Bianucci Law Firm