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Home | News | PVR Register: blocked by Lazio Regional Administrative Court

The Lazio Regional Administrative Court, with ruling no. 4004/25 published on February 24, held that “also in light of the provisions of art. 4, paragraphs 3-4 of Legislative Decree no. 41/2024, the obligation to register in the PVR Register, and more generally the regulatory provisions introduced by the aforementioned legislative decree, in the part concerning the network of operators and their relationships with concessionaires, are not applicable to current concessionaires (i.e. those under a technical extension regime) and, therefore, not even to operators connected to the latter, and are therefore applicable only downstream of the concession relationships that will be established following the public tender procedure provided for by art. 6, paragraph 3 and 23, paragraph 3 of Legislative Decree no. 41/2024”. The matter arose following the A.D.M. Directorial Decision of October 25, 2024, which significantly changed the PVR (Points of Sale and Top-up) sector by establishing a Register of Points of Sale for top-ups of gaming accounts linked to remote gaming concessions. More specifically, the Directorial Decision established the requirement for PVRs to be registered in the said Register in order to carry out their activities. It identified and regulated the essential objective and subjective requirements for registration, and set the deadline for registration as November 26, 2024, later postponed to December 6, 2024, and finally to February 12, 2025. From the outset, the establishment of the Register and its mandatory registration have sparked some dissent, partly due to the difficulty of registering online and the tight deadlines. These difficulties, consequently, prompted a remote gaming licensee to challenge the aforementioned Decision before the Lazio Regional Administrative Court (TAR), challenging the immediate application of the mandatory registration in the PVR Register for licensees under the technical extension regime. In upholding the appeal, the Lazio Regional Administrative Court (TAR) argued in the above-mentioned ruling that the introduction of new provisions, without a transitional period, would alter the economic balance of existing concessions, violating the principles of stability and legitimate expectations enshrined in European law. The TAR essentially highlighted how ADM erroneously extended the requirement to register in the PVR Register to existing concessionaires without providing for an adequate transition period. This would have significantly impacted the operators’ operating and financial conditions, with repercussions on their economic sustainability. European legislation on public concessions, cited in the ruling, requires that any changes to concession obligations must comply with the principles of proportionality and regulatory reliability. The Administrative Judges also emphasized that ADM could have established the Register without making it immediately binding for the concessionaires in extension, introducing it gradually with the assignment of the new concessions provided for by Legislative Decree no. 41/2024. 41/2024. The annulment of ADM’s Directorial Decision results in the expiration of the main provisions of the PVR Register, including the registration requirement for concessionaires whose terms are extended and the €100 weekly top-up limit. However, the position of those who had already registered and paid the €100 fee prior to the ruling remains uncertain. ADM has announced its intention to appeal the Lazio Regional Administrative Court’s ruling before the Council of State. If ADM prevails, registrations already made will remain valid; otherwise, payments will be frozen pending the publication of new calls for tenders for the awarding of future online concessions.