HM Customs and Excise v Schindler

A national ban on large lotteries restricted the freedom to provide services, but was justified by social policy concerns, such as preventing fraud and the risk of crime.

Citation
Case C-275/92, [1994] ECR I-1039
Court
Court of Justice of the European Union
Year
1994
Subject
EU Law
Topic
Freedom of establishment and services

Facts

Mr and Mrs Schindler were independent agents for a German public lottery. They sent advertisements and application forms for the lottery from the Netherlands to people in the United Kingdom, where large lotteries were then prohibited. The letters were confiscated by customs officers. The Schindlers argued that the ban was contrary to the freedom to provide services.

Legal principle

The Court of Justice held that the importation of lottery advertisements and tickets was a provision of services, and that the ban was a restriction on the freedom to provide services. However, it was justified by considerations of social policy and the prevention of fraud, given the peculiar nature of lotteries, the moral, religious and cultural aspects of gambling, the risk of crime and fraud, and the fact that lotteries can be an incitement to spend which may have damaging individual and social consequences. National authorities have a sufficient degree of latitude to determine what is required to protect the players and society.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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