The Council of State has granted, as a precautionary measure, the request for an urgent hearing for the merits of the appeal against the directorial decision of the Customs and Monopolies Agency (ADM) establishing the register of Top-Up Points of Sale (PVR) associated with remote gaming concessions. The case, as is known (see News of March 1, 2025), arose from an appeal filed with the Lazio Regional Administrative Court (TAR) by several industry operators, who had challenged the ADM’s Directorial Decision at the end of 2024. of 25 October 2024, which, by establishing the Register of points of sale for the recharging of gaming accounts linked to concessions for the collection of remote gaming, established the necessary registration for PVRs in the said Register in order to be able to carry out the relevant activity, identifying and regulating the essential objective and subjective requirements for obtaining registration and setting the deadline for the latter at 26 November 2024, then postponed to 6 December 2024 and, finally, to 12 February 2025. The Lazio Regional Administrative Court, with Ruling No. 4004/25 of February 24, held that “also in light of the provisions of Article 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 Articles 6, paragraph 3 and 23, paragraph 3 of Legislative Decree No. 41/2024”. Following the appeal filed by ADM, the judges at Palazzo Spada deemed that the appellants’ precautionary needs were sufficiently protected by the prompt resolution of the case and set the public hearing for December 11, 2025. With this order, the Council of State does not yet address the legitimacy of the administrative provision, but merely establishes an expedited timeline for the hearing of the case.
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