Omega Spielhallen (CJEU) C-36/02

Updated: Jan 8

(2004)

NATIONALITY IDENTITY


WHAT DOES THIS CASE MEAN FOR ME?

That laser games are not allowed in Germany.


LEGAL ANALYSIS

Laser games are prohibited in Germany because they imitate the killing of people. Omega Spielhallen says this limits its free movement of services as these regulations prohibit offering laser games in Germany. Germany invokes NATIONAL IDENTITY, says its Constitution protects human dignity and that laser games go against these principles.


CJEU

→ Ok justification. Refers to it as a concept prevailing in public opinion (§32)

→ Arguments need a majority view (necessary if already mentioned in the Constitution?)


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