- Status
- Judgment entered (judgment)
- As of
- 4 Jun 2009 · read from the court record
- Court
- Court of Justice of the European Communities (Second Chamber) · Court of Justice of the EU
- Docket
- C-109/08
- Judge
- AG Y. Bot
- Filed
- 10 Mar 2008
- Type
- Regulator v. operator, licensing and administrative court cases
- Money
- penalty payment of EUR 31,536 for each day of delay in complying with the judgment in C-65/05, from 4 June 2009 until compliance, plus a lump sum of EUR 3 million, both payable into the European Community own resources account; Greece ordered to pay costs
- Payout
- No payout exists as of 14 Nov 2026
Status words follow the court record: a complaint states one side's allegations, only the court's orders decide anything. Filing a settlement claim is always free.
What this case is about
Second infringement action: because Greece had not repealed the Law 3037/2002 ban on electronic games after the 2006 judgment, the Court imposed a lump sum and a daily penalty payment until compliance. Greece then amended the law (Law 4002/2011 Part D re-regulated the gaming market and created the Hellenic Gaming Commission).
What this case is about
C-109/08 is a Court of Justice judgment in which the European Commission asked the Court to penalize Greece for ignoring an earlier ruling on electronic games. The Commission brought the action on 10 March 2008 under Article 228 EC against the Hellenic Republic. It alleged that Greece had not complied with the judgment in C-65/05.
The case sits among the Licensing and Administrative Court Cases because it is an enforcement action against a state over its gaming law. Greece's Law 3037/2002 banned electrical, electromechanical and electronic games. After the 2006 judgment, Greece had not repealed that ban.
Who is covered
The parties were the Commission and the Hellenic Republic. The case was heard by the Second Chamber, with Advocate General Y. Bot.
The ruling concerns the Greek gaming market. More EU-level cases appear in Gambling Lawsuits in European Union.
Is there a payout?
No payout exists in this case. The money ordered is a penalty paid by a state to the EU, not a fund for players, and the record shows no claim process.
Both amounts are payable into the European Community own resources account. Filing a settlement claim is free wherever a claim exists, but none exists here. GamblingLawsuits.org is not a law firm and not a claims administrator.
What the court decided
The Court gave judgment on 4 June 2009. It ordered Greece to pay a lump sum of EUR 3 million and a penalty payment of EUR 31,536 for each day of delay in complying with the judgment in C-65/05, counted from 4 June 2009 until compliance. Greece was also ordered to pay the costs.
Greece then changed its law. Part D of Law 4002/2011 re-regulated the gaming market and created the Hellenic Gaming Commission. The Hellenic Gaming Commission's 2015 annual activity report records Law 3037/2002 as abolished and replaced by the Law 4002/2011 regime.
The Hellenic Republic's other cases are collected on the page Hellenic Republic Lawsuits.
As of 14 November 2026 the record shows the 2009 judgment as the controlling order. It does not show the total daily penalty paid.
Why it matters
The case shows the Court of Justice imposing both a lump sum and a daily penalty on a member state over a gambling law. It followed a first infringement ruling that the state had not obeyed.
The pattern of operators and regulators in court is covered in other licensing and administrative court cases.
Related cases
- Commission v Greece electronic games ban: the C-65/05 ruling that Greece failed to follow.
- Law 3037/2002 indemnification actions: 13 damages cases against the Greek State and the Hellenic Gaming Commission over the abolished ban, currently on appeal.
Questions people ask
How much did Greece have to pay?
A lump sum of EUR 3 million plus EUR 31,536 for each day of delay from 4 June 2009 until Greece complied. Both go to the European Community own resources account.
Why was Greece penalized?
It had not repealed the Law 3037/2002 ban on electronic games after the Court's 2006 judgment in C-65/05.
Did the ban end?
Greece replaced Law 3037/2002 with the Law 4002/2011 regime, which created the Hellenic Gaming Commission.
Who is involved
Plaintiffs: Commission of the European Communities
| Defendants | Hellenic Republic |
|---|---|
| Judge | AG Y. Bot |
| Claims |
|
Is there a payout?
No payout exists in this case as of 14 Nov 2026. The court record shows penalty payment of EUR 31,536 for each day of delay in complying with the judgment in C-65/05, from 4 June 2009 until compliance, plus a lump sum of EUR 3 million, both payable into the European Community own resources account; Greece ordered to pay costs.
What happens next
No future date is on the record we hold. The case is closed on the record we hold; later appeals or enforcement steps would be added here.
Timeline
2 dated steps on record, oldest first. Future dates come from court notices and can move.
| Date | Event |
|---|---|
| 10 Mar 2008 | Filed |
| 4 Jun 2009 | Judgment entered |
Documents and sources
2 primary sources (court file, administrator notice, regulator) and 0 secondary. Press is supporting evidence only.
- Docket: curia.europa.eu
- Court document: publications.europa.eu
| What it supports | Source | Type | Retrieved |
|---|---|---|---|
| Law 3037/2002 abolished and replaced by Law 4002/2011 regime (HGC Annual Activity Report 2015) | hgc.gov.gr | primary | 14 Nov 2026 |
| judgment 4 June 2009 (Second Chamber); action brought 10 March 2008; operative part: penalty payment EUR 31,536 per day and lump sum EUR 3 million | publications.europa.eu | primary | 14 Nov 2026 |
Related cases
2 cases in the record share parties, claims or a settlement with this one.
| Case | Court | Status |
|---|---|---|
| CJEU Commission v Greece (electronic games ban) | Court of Justice of the European Communities (Second Chamber) | Judgment entered |
| Electronic-games ban damages claims against Greece | Greek administrative courts of first instance and appeal (Dioikitika Protodikeia / Efeteia) | On appeal |
Last checked against the sources on 14 Nov 2026. Found an error? Tell us and we correct the record with a dated note.