Court of Justice 16 July 2009, C-153/08 (Commission of the European Communities v Kingdom of Spain.)

Opinion of the Advocate-General Opinion of the Advocate-General I – Introduction 1. By an action brought on 15 April 2008, the Commission of the European Communities seeks from the Court a declaration that, by maintaining in force fiscal legislation taxing winnings from all types of lotteries, games of chance and betting organised outside the Kingdom of Spain, whereas winnings obtained from