Lazio Regional Administrative Court rejects appeals against ADM tender for remote gaming concessions
The Regional Administrative Court (TAR) of Lazio – Second Section has rejected appeals filed by several remote gaming operators against the Italian Customs and Monopolies Agency (ADM) and the Ministry of Economy and Finance, confirming the legitimacy of the tender procedure for the awarding of online public gaming concessions, launched by ADM through Determination No. 777860 dated 17 December 2024 (CIG B4DF5D6BCF).
Scenario: the tender and the appeals
The tender, governed by Legislative Decree 41/2024, aims to award nine-year concessions for the operation and collection of remote public games. The process was also formalised with the publication of Notice No. 774403/2024 in the Official Journal of the European Union on 18 December 2024.
The appellants sought annulment of the entire tender framework and its associated documents – including the administrative rules, the draft agreement, the technical rules, and the conditions concerning Top-Up Sales Points (Punti Vendita Ricariche – PVR) – raising multiple allegations of unlawfulness and constitutional breaches.
The TAR found the appeals partly inadmissible and otherwise unfounded, rejecting all major objections.
About the value of the concession
One of the most contested issues was the economic value of the concession, set at €37,137,464.54, which the appellants considered unjustified and inflated. However, the court deemed the calculation method used by ADM – based on a one-off entry fee of €7 million and an annual fee of 3% of the average net gaming margin, with a projected 20% market growth – to be logical, objective, and well-reasoned, noting that the remote gaming market grew by 153% between 2019 and 2024.
Required guarantees
Objections to the required provisional guarantee (€750,000) and final guarantee (10% of the concession value, around €3.7 million) were dismissed as consistent with the assessed value of the tender. The court emphasised the importance of securing operator reliability in a sector that manages substantial financial flows.
On financial balance and mandatory investments
The administrative judges deemed irrelevant the argument that the increase in gaming taxes under Law 207/2024 would compromise economic-financial balance, affirming that tax hikes are foreseeable in long-term contracts and that the draft agreement provides adequate renegotiation mechanisms.
Regarding the mandatory investments – €700,000 in the first two years and 0.03% of the average annual gaming collection thereafter – the court concluded that these requirements are reasonable and justified in view of public interest objectives, such as enhancing security and technological innovation.
On provisions for top-up sales points (PVR)
The court also reviewed the complaints against the rules governing PVRs, introduced by ADM’s directive of 25 October 2024. These rules prohibit the use of promotional print material, account opening by relatives of PVR owners, and installation in private clubs.
The TAR found these restrictions to be consistent with Legislative Decree 41/2024, which aims to prevent illegal gaming and money laundering. The limitations were deemed proportionate and necessary to safeguard the sector’s integrity.
On the constitutionality of the one-off entry fee
Challenges to the €7 million one-off fee were also rejected. The TAR ruled that the entry fee is a reasonable measure to ensure offer seriousness and noted the absence of proof regarding its alleged anti-competitive nature
Costs and decision
The court ordered the appellants to jointly pay the legal costs, amounting to €6,000 in total, to the defending administrations.
With this decision, the TAR Lazio has upheld the full legitimacy of the tender procedure, allowing the administrative process to continue for the awarding of new remote gaming concessions in Italy.
This article was first published in Italian on 28 May 2025.
