Abstract
This gloss concerns the problem of recognizing certain provisions of the Gambling Act as technical and in consequence the need for their notification to the European Commission. This is a problem of major importance since penal-fiscal proceedings basing on the provisions of that Act are now underway. If the provisions of the Gambling Act are technical and have not been notified, it should be indisputably recognized that this Act is non-existent due to a legislative error, and the proceedings should be discontinued.