Omega Spielhallen und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn (2004) C-36/02 is an EU law case, concerning the freedom to provide services and the free movement of goods in the European Union.
Omega GmbH claimed that a prohibition on it setting up a ‘laserdrome’, where people shot each other with fake laser guns, was an unlawful restriction on free movement of services.
The Bonn government, under the Ordnungsbehördengesetz Nordrhein-Westfalen, applied a law saying ‘The police authorities may take measures necessary to avert a risk to public order or safety in an individual case’.
The German Federal Administrative Court (Bundesverwaltungsgericht) held that banning the game was compatible with the Basic Law (Grundgesetz) article 1(1) on human dignity, ‘by the awakening or strengthening in the player of an attitude denying the fundamental right of each person to be acknowledged and respected’.
Should Schindler have to be interpreted in that way, it could be difficult to confirm the contested order if it were not possible to deduce a common legal conception as regards the assessment in Member States of games for entertainment with simulated killing actions.
Therefore, as the Advocate General has concluded in paragraph 32 of her Opinion, there is no need to make an independent examination of the compatibility of that order with the Treaty provisions governing the free movement of goods.