lexiara

sec_3_2__para__6

COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

Another case Loterie Nationale concerned a scheme where players were recruited to play Lotto together. New players were constantly recruited and de facto paid upwards in the scheme to players who had joined before and to the benefit of the organisers of the scheme. New members would pay EUR 10 as an introduction fee and some EUR 43 monthly to participate. Players who won would effectively receive 50 % of their win and there was also a cap on winnings over one million EUR, which were not paid to players. The Court clarified that it is sufficient that there is an indirect link between the contributions paid by new players and the compensation/profit paid to existing players for such a scheme to be classified as a pyramid scheme. A contrary interpretation would deprive the prohibition of its effectiveness (239).

· All articles ·

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.