Judge Antoaneta Argirova is behind Themis’ decision, which is otherwise in favor of the National Revenue Agency and obliges Eurofootball to pay the Revenue Agency BGN 390,760 for attorney’s fees. The criticism of the Ministry of Finance is sharp, not to mention Goranov by name, but the department was under his leadership during the period in question. FrogNews otherwise reminds that Goranov did not leave the ministerial post in the midst of the scandal.
Judge Argirova emphasizes that the law is not clear at all. And that if it were, the gambling commission would not write the rules under which Eurofootball fees are collected, and the head of the gambling commission would give at least one example of what gambling is in the reasons for the act against the company.
If a norm is unclear due to a bad wording, no matter what is the reason for this bad wording and its preservation in time, it does not create grounds neither for non-application of the norm, nor for its incorrect application, the court explains. He added that the ambiguity is overcome by interpretation, which is the duty not only of the court but also of the executive branch.
The court now interprets that the Law on Gambling did not allow betting on the results of sports competitions and horse and dog races to be organized in such a way that the participants’ bets are not paid to the organizer of the game before the game itself. Ie it is impossible for the organizers of these games to collect fees and commissions instead of bets, Sega newspaper writes.
The norm of the Law on Gambling has been incorrectly applied by both the State Gambling Commission and the Minister of Finance for a very significant period – more than 5 years. – in relation to the public interest and the legitimate expectations of the citizens for legality from the state bodies, including from the organizer of the game.
“Both state authorities misinterpret and misapply the norm by providing a choice for the gambling operator to organize games with bets on the results of sports competitions and horse and dog races so as to collect either the participants’ bets or fees and commissions for their participation in This interpretation is maintained, including in court proceedings, by the NRA’s legal adviser, “Judge Argirova wrote.
She added that for this 5-year period, the SCG should have realized 75% more revenue than actually collected. Given the period and the amount of state fees totaling BGN 557 million not received in the state budget, for the court, in view of the facts of the case, it is inexplicable both the inaction of the body exercising state supervision over gambling and the inaction of the Minister of Finance. was DKH.
The court also reminds that during these 5 years “Eurofootball” has been checked 4 times and no violations have been found once, but it should have been established that the law is applied incorrectly.
The ACCG’s decision is not final and can be challenged before the Supreme Administrative Court
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