European Court Rejects German Gambling Restrictions

European Court rejects German betting constraints


8 September 2010


German gaming constraints breach European Union law, the EU's greatest court has actually ruled.


The European Court of Justice (ECJ) stated German laws that safeguard state monopolies for gaming were "unjustifiable".


The ruling might open the method for foreign betting business to develop a presence in Germany.


A lobby group representing gaming companies, including PartyGaming and Bwin, called the judgement a "landmark".


German authorities have validated wagering monopolies by stating that they assist secure customers from the negative results of gaming.


But the ECJ said this was irregular with Germany's promotion and "extensive advertising" of its gambling operations.


The court stated: "The German guidelines on sporting bets make up a constraint on the freedom to provide services and the flexibility of facility.


"The public monopoly of the organisation of sporting bets and lottos in Germany does not pursue the objective of combating the dangers of gambling in a constant and systematic way."


Several foreign betting business, consisting of Britain's Happy Bet and Gibraltar's Digibet, brought a case versus German local authorities in Hesse and northern Schleswig-Holstein.


The European Gaming and Betting Association invited the ruling.


"This is a landmark judgment which will have a decisive effect on the much-needed reform in Germany," it said in a declaration.


"Other member states have actually opened or are opening their markets. They reveal that customers can be better safeguarded in a market that is both controlled and open up to competitors," it said.


However, European Lotteries, a lobby group for nationwide lottery games in 40 nations, challenged whether the judgment would open the German market.
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