CJEU Commission v Greece (electronic games ban): Allegations, Court Orders and Status

What this case is about

Case C-65/05 is an infringement action in which the Commission of the European Communities sued the Hellenic Republic before the Court of Justice of the European Communities (Second Chamber). The Commission brought the action on 10 February 2005.

The target was Greek Law 3037/2002, which banned the installation and operation of all electrical, electromechanical and electronic games, including computer games, in public and private places other than casinos, with criminal penalties.

The Commission argued the ban breached Articles 28, 43 and 49 EC (free movement of goods, establishment and services) and Directive 98/34/EC. The case sits in the Licensing and Administrative Court Cases category.

Who is covered

The ruling binds one party, the Hellenic Republic, the only defendant. In practice it concerns anyone who installed or operated electronic games in Greece outside casinos while Law 3037/2002 was in force.

The case is part of the Gambling Lawsuits in European Union (CJEU) list. The court record does not name individual businesses or players.

Is there a payout?

No payout exists in this case. It is an action between the Commission and a Member State, and the court record shows no fund, fine or damages award.

Private damage claims are a separate matter. The Hellenic Gaming Commission later took over 13 indemnification actions brought against the State for damage caused by the abolished law, according to its 2015 annual activity report. Their outcome is not part of this record.

What the court decided

The Court gave judgment on 26 October 2006. It found the blanket ban disproportionate and contrary to Articles 28, 43 and 49 EC and to Directive 98/34, so the Commission's action succeeded.

Greece did not comply in time. That failure led to the penalty judgment in C-109/08, listed under related cases below. Law 3037/2002 has since been abolished. As of 14 November 2026 the case stands at judgment; no further hearing date is recorded.

The Hellenic Republic Lawsuits page lists the State's other gambling cases.

Why it matters

The judgment is a precedent on how far a Member State can go in banning a whole category of games. A total ban on electronic games outside casinos failed the proportionality test under the Treaty freedoms.

It also shows the enforcement path: a judgment, then a penalty action when the State does not comply. For more cases of operators against regulators and states, see the category page.

Questions people ask

Did the EU Court of Justice strike down Greece's electronic games ban?

Yes. On 26 October 2006 the Second Chamber held that Law 3037/2002 was contrary to Articles 28, 43 and 49 EC and Directive 98/34. The Court found the blanket ban disproportionate.

Is there compensation for businesses hit by Law 3037/2002?

No payout exists in this case. The Hellenic Gaming Commission took over 13 indemnification actions against the State for damage caused by the abolished law, and one is tracked as a separate case below.

What happened when Greece did not comply?

Greece did not comply in time, which led to the Article 228 EC penalty judgment in C-109/08. That case has its own page, linked below.

Related cases

• C-109/08 Commission v Hellenic Republic is the penalty case for non-compliance with this judgment.
• Indemnification actions against the Greek State and the Hellenic Gaming Commission covers the 13 damage actions over the abolished law.