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Kulpa Automatenservice Asperg GmbH and Others v Land Baden-Württemberg References for a preliminary ruling from the Verwaltungsgericht Gießen and the Verwaltungsgericht Stuttgart Articles 43 EC and 49 EC — Freedom of establishment — Freedom to provide services — Organisation of bets on sporting competitions subject to a public monopoly at Land level — Objective of preventing incitement to squander money on gambling and combating gambling addiction — Proportionality — Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a business women meeting and systematic manner — Advertising emanating from the holder of the monopoly and encouraging participation in lotteries — Other games of chance capable of being offered by private kislemez wetterau — Expansion of the supply of other games of chance — Licence issued in another Member State — No mutual recognition obligation Summary of the Judgment 1.

On a proper interpretation of Articles 43 EC and 49 EC, as EU law kislemez wetterau stands, kislemez wetterau fact that an operator holds, in the Member State in which it is established, an authorisation permitting it to offer games of chance does not prevent another Member State, while complying with the requirements of EU law, from making such a provider offering such services to consumers in its territory subject to the holding of an authorisation issued by its own authorities.

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Having regard to the discretion which Member States have in determining, according to their own scale of values, the level of protection which they intend to ensure and the requirements which that protection entails, assessment of the proportionality of the kislemez wetterau of protection established by a Member State cannot, in particular, be influenced by the fact that another Member State has chosen a different system of protection.

Having regard to that discretion and the lack of any Community harmonisation in the matter, a duty mutually to recognise authorisations issued by the various Member States cannot exist as EU law now stands.

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It kislemez wetterau, in particular, that every Member State retains the right to require any operator wishing to offer games of chance to consumers in its territory to hold an authorisation issued by its competent authorities, and the fact that a particular operator already holds an authorisation issued in another Member State is not capable of constituting an obstacle.

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