Omega Spielhallen- und Automatenaufstellungs-GmbH v. Oberbürgermeisterin der Stadt Bonn

Case C-36/02, I-9609 (2004)

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Omega Spielhallen- und Automatenaufstellungs-GmbH v. Oberbürgermeisterin der Stadt Bonn

European Union Court of Justice
Case C-36/02, I-9609 (2004)

Facts

Omega Spielhallen- und Automatenaufstellungs-GmbH (Omega) (plaintiff) was a German corporation that operated a facility used for laser sporting games. One of the activities offered by Omega involved players wearing sensors on their jackets that were targets for other players to hit with laser guns. The equipment used for the games was provided and installed by Pulsar, a British company with which Omega had entered into a franchising relationship. The equipment developed by Pulsar was lawfully marketed in the United Kingdom (UK). The police determined that the activity amounted to playing at killing and prohibited any games that involved firing at human targets with laser beams because such games trivialized violence against humans and, therefore, constituted a danger to the public order. Omega argued that because Pulsar was a British company that provided a service in Germany, prohibiting the laser games violated community legislation. The German court, noting that the prohibition corresponded to the level of protection for human dignity guaranteed in Germany, requested a preliminary ruling on whether the prohibition was compatible with community legislation.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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