Gambling law in Germany » Taylor Wessing

german gambling law 2018

Despite the fact that a new treaty designed to look at refreshed regulation for Germanys online gambling industry, the countrys sector remains complex.
III. Outlook on Gambling Regulation in Germany for 2018. 1. Proposed Interstate Treaty on Gambling. The Ince decision was followed by a wave of national court decisions confirming the licensing process' incompatibility with European law. German authorities experienced difficulties in issuing injunctions ...
Online Gambling is one of the biggest sources of entertainment for people worldwide including Germany. While it is illegal to host a German casino, it is unclear what the laws are regarding placing bets online. While some might say the laws clearly indicated online gambling is illegal, the authorities seem to ...

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III. Outlook on Gambling Regulation in Germany for 2018. 1. Proposed Interstate Treaty on Gambling. The Ince decision was followed by a wave of national court decisions confirming the licensing process' incompatibility with European law. German authorities experienced difficulties in issuing injunctions ...
The Interstate Treaty subjects any activity falling under the definition of a "game of chance" to German gambling regulations. A "game of... However, the Amendment Treaty did not enter into force on 1 January 2018 as originally planned since three of the German states, the Schleswig Holstein, North Rhine ...
Despite the fact that a new treaty designed to look at refreshed regulation for Germanys online gambling industry, the countrys sector remains complex.

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Gambling law in Germany – an update

Despite a new treaty due in 2018, Germany's online gambling sector remains complex | Casinopedia

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click to see more The future of gambling regulation in Germany remains deeply uncertain, with little prospect of the situation being resolved in the short term.
Thus, the latest indications are that, rather than galvanizing around a new nationwide regime, a number of federal states may embark on a separate route, introducing their own inner-state legislative framework.
All of this is taking place against the backdrop of a European Commission that is not amused at the way gambling regulation in Germany seems to defy all calls for liberalization and which might yet commence formal infringement proceedings against the country.
Current Gambling Regulation german gambling law 2018 Germany 1.
Current Interstate Treaty on Gambling The background to german gambling law 2018 tussle between the various federal states is that gambling law in Germany is a matter for which the individual states and not the federal government are competent, giving rise to interstate jealousies and the need to find a common denominator which all 16 federal states are prepared to accept if gambling is to be regulated uniformly throughout Germany.
Essentially, the Interstate Treaty 2012 provides for a state monopoly on the i organization of lotteries as well as ii licensing of fantasy sports betting and generally prohibits the operation of any private online casinos.
Private online sports betting is only allowed if a gaming operator has been granted a sports betting license, with the number of such licenses, however, being limited to a total of 20 for the entire country.
The german gambling law 2018 process initiated after the Interstate Treaty 2012 came into force was subject to german gambling law 2018 legal scrutiny and litigation, as the number of applicants far exceeded the total of 20 licenses provided for by the Interstate Treaty 2012, and the criteria for selecting the successful 20 were extremely vague.
Ultimately, the licensing process crumbled under the massive litigation and those licenses that were issued did not grant a valid right to offer any online betting services.
As indicated above, the Schleswig-Holstein Gambling Act was far more liberal than the Interstate Treaty 2012 and in the period before it was repealed February 2013a total of 48 sports betting and online casino licenses were issued.
These licenses are, however, all due to expire by no later than 2019 and are only valid in the territory of the very small state of Schleswig-Holstein.
Outlook on Gambling Regulation in Germany for 2018 1.
German authorities experienced difficulties in issuing injunctions against private gaming operators which do not possess a German license, but do have one from another EU Member State.
It became unavoidable for the federal states to consider reforming the regulatory framework for gambling in Germany.
Furthermore, preliminary gambling licenses have been granted to the 20 previous licensees as well as to additional 15 applicants for online sports betting.
These preliminary gambling licenses are valid until 1 January 2019.
Disappointingly, click Draft Interstate Treaty 2018 will not result in the "big bang" that many in the industry had hoped for.
Instead, its direction is clear: to limit liberalization as far as possible.
Thus, for example, although the Draft Interstate Treaty 2018 introduces a new licensing procedure welsh national chepstow 2018 runners sports betting operators, with no restriction on the number of 2018 euromat that can be granted, the total ban on private online casinos will remain.
Prevailing Disagreement Amongst the Federal States The debate revolving around the German gambling regulation is not likely to stop in 2018.
While until the end of October 2017 the approval of the Draft Interstate Treaty 2018 appeared to be more of a formality, the federal state of Schleswig-Holstein after the recent election of a more liberal state government announced that it will not pass the new law, but re-implement its own Gambling Act, which allows private online casinos, including the offering of poker games.
Other federal states such as Rhineland-Palatinate, Hesse, and the most populous North Rhine Westphalia—all of which strongly advocated a comprehensive reform of the Interstate Treaty 2012—are now also considering pursuing their own inner-state gambling regulation.
Whether the Draft Interstate Treaty 2018 will enter into force in 2018 is therefore more than questionable.
According to an official press release dated 27 October 2017, the German Federal Administrative Court in Leipzig reiterated that it deems the general ban of online gambling to be in line with German constitutional and European law also against the background of a liberalization of online sports betting envisaged in the Draft Interstate Treaty 2018.
The European Commission, on the other hand, has criticized the Draft Interstate Treaty 2018, taking issue in particular with the fact that the ever-growing online casino market including the very significant poker game segment is still ignored in the proposal.
For now, the rumors coming out of Brussels in this regard show no signs of abating.
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