## Facts

- Omega Spielhallen operated a commercial laser game in Bonn, Germany, importing equipment from the United Kingdom.
- German authorities prohibited the operation on the basis that simulating the killing of human beings, even for recreation, violated the fundamental principle of human dignity under the German Basic Law.
- The prohibition resulted in legal proceedings and a preliminary reference to the European Court of Justice (ECJ).

## Issues

1. Whether national authorities could lawfully restrict the freedom to provide services by prohibiting games simulating killing, on the grounds of protecting human dignity.
2. Whether such a restriction was compatible with the principles of the internal market as set out in Articles 56 and 52 TFEU.
3. Whether the measure imposed was suitable, necessary, and proportionate to the objective pursued.

## Decision

- The ECJ recognized the fundamental importance of the freedom to provide services within the EU internal market.
- The Court held that Member States may restrict this freedom on public policy grounds, including the protection of human dignity.
- The ECJ deferred to the Member State's assessment of threats to public policy in the context of human dignity, within the constraints of EU law.
- The Court found the German prohibition suitable for protecting human dignity, as perceived under German law.
- The measure was found necessary and proportionate, as less restrictive alternatives were unavailable.
- The ECJ concluded that the restriction was justified under EU law.

## Legal Principles

- Member States are permitted to restrict the freedom to provide services for reasons of public policy, including the protection of fundamental rights such as human dignity.
- The concept of human dignity holds a prominent place in the constitutional traditions of Member States and is recognized in the Charter of Fundamental Rights of the European Union.
- Such national restrictions must be justified, necessary, and proportionate to the objective pursued.
- The margin of appreciation allows Member States to determine how to protect fundamental values, provided the measures comply with EU law.
- The assessment must strike a balance between economic freedoms and the protection of societal values.

## Conclusion

The ECJ held that Member States may lawfully restrict the free movement of services to protect human dignity, provided such measures are justified and proportionate within the framework of EU law, affirming the role of national constitutional traditions in shaping public policy exceptions to internal market freedoms.

Omega Spielhallen GmbH v Oberbürgermeisterin der Bundesstadt Bonn (Case C-36/02) [2004] ECR I-9609