Judgment_paragraph 55 · Criminal proceedings against Sebat Ince (C-336/14)

55In any event, if the Member State concerned should find that a reform of an existing monopoly, with a view to making it compatible with Treaty provisions, is not feasible and that a liberalisation of the market in games of chance is the better measure for ensuring the level of consumer protection and the preservation of order in society which that Member State intends to uphold, it will be required to observe the fundamental rules of the Treaties, including Article 56 TFEU, the principles of equal treatment and of non-discrimination on grounds of nationality and the consequent obligation of transparency. In such a case, the introduction in that Member State of a system of prior administrative authorisation for the provision of certain types of games of chance must be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities’ discretion so that it is not used arbitrarily (see judgments in Carmen Media Group, C‑46/08, EU:C:2010:505, paragraph 90, and Stanleybet International and Others, C‑186/11 and C‑209/11, EU:C:2013:33, paragraph 47).