Omega Spielhallen- Und Automatenaufstellungs-Gmbh V Oberbürgermeisterin Der Bundesstadt Bonn (Case C-36/02) [2004] Ecr I-9609

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Omega Spielhallen- und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn (Case C-36/02) [2004] ECR I-9609 This judgement was delivered by the European Court of Justice (First Chamber) on 14 October 2004. Introduction This case concerns the interpretation of Articles 49 to 55 EC on the freedom to provide services and Articles 28 to 30 EC on the free movement of goods. In essence the case arose out of a prohibition order issued by the Bonn Police Authority on the 14th of September 1994 preventing the playing of a simulated combat laser game at a laserdrome in Bonn run by the company Omega. The Bonn Police Authority asserted that ‘the games which took place in Omega’s establishment constituted a danger to public order, since the acts of simulated homicide and the trivialisation of violence thereby engendered were contrary to fundamental values prevailing in public opinion.’[1] Background The laserdrome in question was set up by Omega as an extensive labyrinth of combat scenarios. Using laser weapons, players could shoot at sensor receivers permanently installed in the labyrinth. Furthermore, a combat simulation was also possible, by firing at the waistcoats worn by players that were equipped with sensors. There had been some public opposition to this simulated “killing” game. In September 1994 the Bonn Police Authority issued a prohibition order forbidding Omega to allow or tolerate at its business premises games having the objective of firing at people using laser beams or other technical equipment the end result of which is the simulated killing of other people. Omega appealed the case before the Federal Administrative Court in Germany and argued that the contested prohibition order infringed European Community law, particularly the freedom to provide services under Article 49 EC, since its laserdrome had to use equipment and

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