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“If the tax burden alone makes it impossible to establish the occupation of slot machine operators as the economic basis of one’s livelihood within the municipality,” the ruling said.
Braun also argued that the public had been excluded from the preparatory finance committee meeting without justification.
But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses.
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If successful, Merkur intends to pursue a squeeze-out process, compelling minority shareholders to sell their shares, and subsequently delist SFC from Euronext Paris.
These steps remain subject to regulatory approvals, including clearance from the French Autorité des Marchés Financiers (AMF) and the French Interior Ministry, which oversees ownership changes in gaming operators under Article L. 323‑3 of the French Code de la sécurité intérieure.
The definitive share transfer agreement is expected to be signed following the completion of mandatory employee information and consultation procedures at Casigrangi and at the Casino de Gruissan’s social and economic committee.
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He said the regulation was well established and not with the intention of raising revenue.
“Tax collection is part of the economic game and all sectors contribute,” Durigan said. “The same happens with betting.”
He argued the sector should be treated with the same rigour currently applied to cigarettes.