Sisal and Stanleybet v ADM (Gratta e Vinci renewal): Allegations, Court Orders and Status

What this case is about

Joined Cases C-721/19 and C-722/19 are a Court of Justice of the European Union (Fifth Chamber) ruling on whether Italy could renew the Gratta e Vinci instant-lottery concession without a tender.

Sisal SpA, Stanleybet Malta Ltd and Magellan Robotech Ltd challenged the renewal against the Agenzia delle Dogane e dei Monopoli (ADM) and the Ministero dell'Economia e delle Finanze.

The dispute belongs among the Lottery Lawsuits as an operator-against-regulator case. Article 20(1) of D.L. 148/2017 extended the concession held by Lotterie Nazionali Srl until 30 September 2028 against an advance payment of EUR 800 million. The challengers invoked Article 43 of Directive 2014/23.

Who is covered

The ruling affects operators competing for Italian state lottery concessions. It also covers a procedural point: whether a company that did not take part in the 2009 tender can still challenge a renewal.

The Consiglio di Stato referred the questions by decisions of 20 June 2019, and the references reached the Court on 23 September 2019. More cases of this kind are listed in Gambling Lawsuits in European Union.

Is there a payout?

No payout exists in this case. The EUR 800 million was a renewal fee paid in advance by Lotterie Nazionali to the state (EUR 50 million in 2017 and EUR 750 million in 2018 and 2019, per the judgment), not a fund for players.

The record shows no claim process. 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 2 September 2021. It held that EU law does not preclude a legislative renewal without a new tender where the renewal implements an option in the original concession.

Moving the renewal decision to two years before expiry and re-timing the fee to raise state revenue is not a substantial modification, the Court found. A company that did not take part in the original tender may still challenge the renewal if it can show an interest.

The Consiglio di Stato, Section IV, then rejected the Sisal and Stanley appeals in January 2022. The Ministry's other disputes appear on the page Ministero dell'Economia e delle Finanze Lawsuits.

As of 14 November 2026 the record shows the case as decided.

Why it matters

The ruling answers whether a concession renewed without a tender breaches EU law. A renewal that implements an option in the original concession was held compatible.

For the money side of gambling litigation, see Gambling Settlements by Year.

Related cases

• Sisal and Stanleybet v ADM Consiglio di Stato: the Italian court's decision after this referral.
• Stanley v Ministero Lotto: the C-375/17 ruling on the Lotto concession.
• Anib and Play Game v ADM: the joined C-728/22 to C-730/22 bingo cases.

Questions people ask

Can Italy renew a lottery concession without a tender?

The Court held on 2 September 2021 that EU law does not preclude it where the renewal implements an option in the original concession. Moving the decision earlier and re-timing the fee did not count as a substantial modification.

Who held the Gratta e Vinci concession?

Lotterie Nazionali Srl held it, with renewal to 30 September 2028 and an EUR 800 million advance fee.

Did the challengers win?

No. The CJEU held that EU law does not preclude a renewal of this kind, and the Consiglio di Stato rejected the Sisal and Stanley appeals in January 2022.