The Fourth Section of the Contentious-Administrative Chamber of the TSJCV has issued five rulings rejecting the claims of companies and business associations in the gaming sector. These appeals were directed against the decree approved in 2021 by the then Botànic Council, which established a minimum distance of 850 meters between gaming arcades and betting shops and educational centers.
The judicial decision comes after the Court of Justice of the European Union (CJEU) ruled on October 16 that European regulations do not oppose national limitations imposing minimum distances between gaming establishments and educational centers. This CJEU ruling responded to several preliminary questions raised previously.
The appeals dismissed by the TSJCV sought the annulment of several articles of Decree 97/2021, which regulates aspects such as requirements for authorizing new premises, license renewals, installation of gaming machines in hospitality venues, measurement of minimum distances, and external commercial information. The magistrates have deemed that these provisions do not present any legal irregularities.
Decree 97/2021 is an administrative provision/executive regulation of autonomous law, issued in the exercise of the exclusive competence of the Valencian Community.
The Valencian court concluded that the challenged articles not only have legal coverage but also present a "valid motivation regarding the causal link between the objective 'to protect the general interest' and the instrument 'prohibition of installing arcades at a distance of less than 850 meters from an educational center'". Furthermore, the appellants' request to raise a question of unconstitutionality against Law 1/2020, on gaming regulation and problem gambling prevention, was rejected.
The chamber argued that the protection of the health and safety of minors constitutes a compelling reason of general interest that justifies the distance limitation. It also noted that there is no inequality in distinguishing between gaming arcades and betting shops compared to other venues, as the increase in gambling in these establishments justifies the restriction.
These TSJCV rulings come at a time when the new Consell, led by Juanfran Pérez Llorca, is preparing a new decree to further tighten restrictions on these businesses, including a ban on opening new bingo halls and betting shops.
