Extension of bingo concessions: EU Court to rule on competition issues
The extension of bingo concessions is once again before the Court of Justice of the European Union. After the first ruling, which last March already struck down the Italian system of technical extensions, a new chapter is opening. At the heart of this second preliminary reference lies an even more delicate matter: the possible breach of competition rules enshrined in the EU treaties.
Case and the new appeal
The dispute stems from an appeal filed by three small concession holders in the sector, represented by lawyer Alessandro Dagnino, managing partner of Lexia. The Council of State, through a specific order, has referred to the European Court the assessment of whether the Italian legislation is compatible with EU law.
This proceeding stands alongside the first case, also brought by operators represented by the same lawyer, which concluded with the Court’s ruling in March 2025. On that occasion, the judges determined that the Italian system of extending bingo concessions was not compliant with the Services Directive.
That directive allows extensions only under conditions equivalent to those of the original concession, whereas the Italian model introduced additional burdens, rising fees and restrictions such as the prohibition on transferring halls or participating in future tenders for those who had not accepted the extension.
Why the second case is different
Unlike the first appeal, which focused on the Services Directive, the new case concerns the very principles of free competition. The Council of State clarified that this issue is not absorbed by the earlier ruling, as it raises an autonomous point: whether the Italian system distorts the market in favour of major operators to the detriment of smaller ones.
According to the claimants, the Italian framework has effectively restricted market access, preventing small concessionaires from competing on fair terms. If confirmed, such a distortion would amount to a breach of the EU treaties, with far-reaching consequences not only for the bingo sector but also for the broader concession system.
Awaited decision of the Court
The Court of Justice has requested that the legal team representing the operators submit a written brief by November, after which the judges will deliver their decision. This is therefore a crucial stage: the ruling will determine whether the Italian rules on extensions unlawfully affect competition, and whether small businesses’ position can be strengthened.
Should the Court confirm the doubts raised, the impact would be profound. The entire mechanism of extensions could be called into question, potentially forcing a complete redesign of the concession system, with repercussions across other segments of the gambling market.
Defence’s position
“Although the March ruling has already upheld our clients’ arguments, we requested and obtained from the Council of State a deeper examination, alleging a violation of competition law rather than solely a breach of a directive. Now the Court of Justice will also have to rule on this second case, which challenges the administration’s conduct at its core”, commented lawyer Alessandro Dagnino.
His words underline the belief that this dispute goes beyond the application of a directive, striking instead at the very heart of EU competition rules, widely considered one of the fundamental pillars of the single market.
A complex scenario for the sector
The case highlights the fragility of the bingo industry, which for years has been caught between extensions and regulatory uncertainty. Smaller operators fear that a regulatory framework skewed towards large concessionaires could reduce diversity of supply and endanger the survival of many local businesses.
The European Court’s ruling will therefore be decisive not only from a legal perspective but also from an economic and social one, as it may influence the degree of competition in the market and the ability to ensure a level playing field for all stakeholders.
Future outlook for the bingo market
The new European judgment on the extension of bingo concessions represents a decisive test for Italy and its legislation on gambling services. Following the condemnation of the technical extension regime, attention now shifts to a broader issue: compliance with the EU’s competition principles.
If the Court finds a violation, Italian lawmakers would be compelled to rethink the concession system from the ground up, ensuring transparency, access and fair conditions for both major and smaller operators. A ruling awaited with keen interest across the industry, which could mark a turning point in the management of bingo concessions in Italy.
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