Legislation
Germany – Federal Administrative Court clears the way for action against illegal gambling providers
By Phil - 19 March 2018
The Federal Administrative Court in Germany has banned foreign providers of Internet gambling. The ruling of October 26, 2017, was published on March 12, 2018. The Supreme Court emphasizes the compatibility of the prohibitions in Germany for online casino and online poker games with constitutional and EU law.
The leaders of the German Lotto and Totoblock, Torsten Meinberg and Michael Heinrich, welcomed the verdict: “With this, the Federal Administrative Court has given provincial authorities responsible for gambling the necessary legal certainty to act against foreign providers without a German gambling license, which further strengthens their operations.”
The Federal Constitutional Court (BVerfG) had already stated last year that the regulations on gambling halls newly incorporated into the State Treaty on Gaming (GlüStV) were constitutional and European law compliant and that the legislature has created a coherent law to that extent.
The highest German administrative court recognizes and emphasizes in its decision that gambling law primarily serves the protection of consumers and minors and not the profit interests of some companies. These principles also apply to private providers such as social lotteries, commercial match brokers, sweepstakes, sports betting etc.
With regard to the political discussion about the German gambling regulation, the administrative lawyer Torsten Meinberg said: “The verdict does not give rise to any demands for a comprehensive change of gambling law. Politicians will have to deal with the criteria established by the highest administrative court. With regards to international gambling companies, there is no longer a basis for this decision, but anyone who wants it will voluntarily endanger player and consumer protection.”
In the opinion of the DLTB leaders Meinberg and Heinrich, the federal states have created with the GlüStV of 2012 a regulation that takes due account of all interests and complies with the standards of European and constitutional law. “It is important now to enforce these regulations and strengthen enforcement. Legal hurdles are no longer contrary to the decision of the BVerwG,” they said.
