The award of such licences must due to this fact be based mostly on objective, non-discriminatory standards which are recognized in advance, in such a method as to circumscribe the exercise of the nationwide authorities’ discretion. However, the restrictive measures imposed by the Member States should be utilized with out discrimination and must satisfy the situations laid down within the case-law as regards their proportionality. Thus, they have to be suitable for guaranteeing the attainment of the target pursued and never transcend what is important to find a way to obtain that goal. In this connection, it is settled case-law that national laws is acceptable for ensuring attainment of the target pursued provided that it genuinely reflects a concern to attain it in a consistent and systematic method.

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This nevertheless implies that, in practice, a margin of discretion is out there to Member States and in practice, not all forms of winnings from gambling are exempt in all Member States. In some instances, the tax exemption extends only to a limited number of types of playing and in practice it may not particularly cover all types of online playing. With annual development charges of almost 15% the market will most probably double in dimension between 2008 and 2013.

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