PVR: Italian Council of State defines licence holders’ oversight role

The recent Council of State ruling on Top-up Points (PVR) marks an important milestone for the Italian online gambling sector. Rather than introducing new rules, the decision handed down by the Council of State definitively clarifies the role of licence holders in the management and oversight of the retail network linked to remote gambling platforms.

The principle set out by the administrative judges is set to have a tangible impact on the entire sector: concessionaires cannot simply enter into commercial agreements with PVRs, but must demonstrate that they carry out continuous supervision, monitoring, and the prevention of irregularities.

The ruling comes at a particularly sensitive time for the regulated Italian gaming market, already strained by tensions over the new weekly limit of €100 on cash top-ups to online gaming accounts and by the ongoing debate among operators, politicians and regulatory authorities on payment traceability.

Palermo’s case and the Council of State’s position

The case stems from an inspection carried out in 2022 at a retail outlet in Palermo (Sicily) affiliated with an online gaming operator. During the inspection, ADM officials found several computers already connected to the operator’s website, multiple logins recorded in the history, and tools set up to facilitate betting.

A betting slip was also found on the premises, and the manager present admitted to having placed bets using credentials linked to another player. For the Customs and Monopolies Agency, the evidence gathered demonstrated prohibited intermediary activity in the collection of online gambling wagers.

Hence, the charges against the concessionaire, accused of failing to adequately supervise the sales outlet, resulted in a fine of €5,000.

The company had challenged the decision, arguing that it could not be held responsible for the PVR operator’s independent conduct. This argument was rejected by the Lazio Regional Administrative Court and, subsequently, by the Council of State.

According to the judges, the obligations under the licence do not merely concern formal compliance with the ban on the physical collection of online gambling wagers, but also include a specific duty to organise and monitor the commercial network.

It is no longer enough to ‘license the brand’

This is the very crux of the ruling. The Council of State clarifies that the relationship between the licence holder and the PVR cannot be regarded as a mere commercial partnership.

Regulated operators must verify the reliability of retail outlets in advance, conduct periodic checks, arrange for audits, and intervene promptly in the event of anomalies or irregular conduct.

In essence, liability does not arise automatically from an offence committed by the retail outlet, but rather from any failure to carry out the supervisory activities that the concessionaire should have implemented.

This is an important clarification from an operational perspective as well. For many operators in the sector, in fact, the PVR model had developed over the years through the management of a retail network that was often fragmented. The ruling, however, appears to push towards a much more structured system, in which compliance and monitoring become central elements of the business.

ADM’s stance on controls and top-ups

The Council of State’s decision comes within an already particularly strict regulatory framework. Since 13 May 2026, a weekly limit of €100 has been in force for cash top-ups to online gaming accounts via PVRs.

The measure, provided for by Legislative Decree 41/2024, was accompanied by a series of communications sent by the ADM to licence holders, the Guardia di Finanza and the regional directorates, in which the Agency called on the sector to strictly comply with the new rules.

The authority also specified that all concessionaires must adopt specific IT measures to prevent the weekly limit from being exceeded for payment methods that do not ensure the traceability of financial flows.

The ADM’s position appears clear: to strengthen control over PVRs and reduce any possible grey areas in the management of top-ups and payments linked to online gambling.

Issue of traceability

And it is precisely on the concept of traceability that one of the sector’s most delicate battles is being fought.

In recent months, several operators have begun evaluating alternative systems to allow top-ups to gaming accounts without breaching the new cash limit. Among the options discussed are personalised vouchers, internal wallets and payment instruments directly traceable to the player.

A prospect that, however, has raised doubts on regulatory and political levels. The parliamentary group of the Democratic Party, in a parliamentary question signed by MPs Stefano Vaccari and Virgilio Merola, has asked the Ministry of Economy and Finance for clarification on the systems adopted by certain license holders.

According to Democratic MPs, some of these tools risk circumventing the rationale behind anti-money laundering legislation, particularly when transactions are still funded in cash.

The issue deeply divides the sector. On the one hand, there are those who argue for a strict interpretation of traceability; on the other, operators and experts believe that the real safeguard depends not so much on the means used as on the certain identification of the player and the complete recording of transactions.

Criticism from AML experts

Among the most vocal critics of the new €100 limit is Professor Ranieri Razzante, president of the Italian Association of Anti-Money Laundering Officers.

According to Razzante, the regulation risks primarily affecting the legal sector without having a real impact on large-scale money laundering operations. The expert highlighted that gaming accounts are already highly regulated, characterised by mandatory user identification, continuous transaction monitoring, and real-time checks by operators and the ADM.

For this reason, some in the sector believe that excessively limiting top-up options could have the opposite effect, encouraging the use of illegal or unauthorised platforms.

This concern has been circulating among regulated gaming operators for some time, particularly as the Italian market undergoes a profound regulatory transformation.

A new balance for Italian gaming

The Council of State’s ruling, in light of the ADM’s recent initiatives, paints a picture of a system increasingly geared towards the direct accountability of concessionaires.

It is no longer enough to merely comply with the rules or enter into contracts with affiliated outlets. Today, the regulator demands an active presence, verifiable checks and continuous monitoring of the network.

This inevitably changes the role of PVRs as well, which, from being simple top-up points, become genuine hotspots for compliance and anti-money laundering.

The risk, highlighted by the sector, is that excessive tightening of the rules will end up stifling the legal market without actually tackling the illegal one. But the direction taken by the Italian authorities now seems clear: the future of regulated gaming will increasingly depend on licence holders’ ability to demonstrate transparency, control, and traceability throughout the entire online gaming supply chain.

This article was originally published on the Italian SiGMA News page on 26 May 2026.

All roads lead to the mother of all conferences in Rome from 02 to 05 November 2026. SiGMA World takes over Fiera Roma, bringing together 30,000 delegates, 1,000+ exhibitors, and 550+ expert speakers. This is where the right room can change your roadmap.