Court of Justice: Accumulation of fines does not breach freedom to provide services if proportionality and effective judicial protection are safeguarded
The Court of Justice held in Landespolizeidirektion Steiermark e.a. (Machines à sous) (C-231/20) that the imposition of fines (including custodial sentences in the event of non-payment and contributions to costs of proceedings) without establishing a maximum overall limit can be compatible with Article 56 TFEU establishing the freedom to provide services, if the principle of proportionality and the right of access to the courts are preserved.
The case originates in a dispute between MT and the Landespolizeidirektion Steiermark (Regional Police Directorate of Styria, Austria) concerning the penalties imposed on MT for offenses consisting in the provision of prohibited lotteries for commercial purposes. For the ten illegal slot mach