The Decree of the Ministry of Economy and Finance regarding the “Regulation containing provisions for the procedure for ascertaining, contesting, and imposing contractual penalties to be attributed to gaming concessionaires for non-compliance” has been published in the Official Journal of the Italian Republic. The Decree applies to agreements relating to concessions for remote collection of public games awarded after the entry into force (April 4, 2024) of Legislative Decree no. 41/2024 (Provisions regarding the reorganization of the gaming sector, starting with remote gaming, pursuant to art. 15 of Law no. 111/2023).
The most significant points of the Decree are: 1) The criteria and procedures for “ascertaining” non-compliance are defined: the competent MEF office (or the delegated authority) conducts an investigation, collects evidence, and may initiate a dispute; 2) The “dispute” procedure is regulated: the detected non-compliance is communicated to the concessionaire, who has the right to respond, defend himself, and participate in the investigation; 3) Criteria are established for the imposition of the conventional penalty according to the following criteria: a. application, in all cases of non-compliance, of the minimum value limit of the penalty, as a fixed component linked to the event; b. application of a portion of the penalty, up to 30 percent of the difference between the maximum and minimum stipulated for the penalty itself, based on the severity of the non-compliance, which increases linearly with the annual progression of the concession; c. application of a portion of the penalty, up to 70 percent of the difference between the maximum and minimum stipulated for the penalty itself, as a recidivism fee assessed on an annual basis, which increases, in a linear manner, every two years as the concession proceeds.
The aim is to strengthen the logic of “proportionality, graduality, and transparency” in the gaming penalty system, providing the supervisory authority (MEF) with a more structured regulatory tool to intervene in the event of breaches of gaming concession contracts. Concessionaires, therefore, will have to adapt their internal and contractual procedures to the process regulated by the decree and prepare for the possibility that penalties will be applied based on more detailed and transparent criteria. (Source: Agimeg)
