Online Gambling Victory Judgement in Germany

Published Wednesday, February 17, 2016 -
Online Gambling Victory Judgement in Germany

Jurisdictions in Europe that are regulated for online gambling are all subject to the rules set out by the European Commission. That being said there are a number of countries that do not fit the mold and have created a difficult situation for legislators and gamblers alike. Online poker seems to be the one online gambling game that has sparked greatest interest and debate.

Germany has been struggling with the European Union’s ruling that the country is in violation of the rules concerning online gambling and free e commerce trade among member nations. A recent ruling by the European Union has apparently cleared up the confusion surrounding the legality of online gambling in Germany. The European Court of Justice has issued a ruling that effectively states that Germany’s law prohibiting online gambling is patently illegal.

The judgment that focuses on Germany’s sports betting situation can most likely be applied to the online poker debate over its legality as well. Five years has passed since industry observers said the move by the German state of Schleswig-Holstein which passed a law that allowed online poker to proceed with no restrictions on the number of licensed operators that could be approved by the state was “the most modern European gambling law. ” However within months 15 of the 16 German states approved the German Interstate Treaty on Gambling making online gambling illegal under the law of those states.

Judge Szpunar, of the Court of Justice for the European Union stated that the German courts cannot enforce the Treaty. It was ruled Germany must enact new laws for both online and live gambling. Judge Advocate General Szpunar’s opinion read, “Further to a judgment of the Court from which it can be inferred that a national law is not compatible with EU law, all organs of a Member State concerned are under an obligation to remedy that situation. ”

Patrick Roth, a representative for Automatenherz, commented, “This is a victory for online gaming in Germany,”

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