Abstract

The commentary contains a legal analysis of a judgement issued by the European Court of Justice on 19 December 2018, in case C-375/17. The interpretation of Articles 49 and 56 of the CJUE is discussed, regarding the proper understanding of the general treaty provisions on the freedom of commercial activity and the freedom of services. In this context, the analysis concentrates on the acceptability of limiting these freedoms, also with regard to increasing the effectiveness of administrative activities and increasing the income of a member state.

The authors attempt to assess the licensing model and the way its public law character is perceived. In this context, they analyse issues omitted from the Tribunal’s judgement, namely whether this type of proceedings has been correctly classified as a contract granted under a licence.

In addition, the issue of classifying games of chance as economic activity in the public utility area is commented upon. The authors point out the problem of the admissibility of terminating a licence contract, and ensuring the relevant level of transparency in licence proceedings.