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Germany: Advertising for sports betting on TV

By Dr. Michael Stulz-Herrnstadt and Christoph Engelmann

The High Administrative Court of Bavaria (BayVGH) had to decide whether the TV broadcasting of advertising for sports betting can be prohibited if the sports betting company has been selected for a sports betting license that has not been issued yet. The state media authorities decided to only proceed against tv advertising for sports betting if the relevant gambling authority decides to proceed against the sports betting company.

The BayVGH ruled that the state media authority acts contradictorily if it proceeds against the broadcaster without the corresponding decision of the gambling authority. It ruled in accordance with the court of lower instance (VG München) that the sustained licensing process cannot be held against the sports betting companies
especially as the (single) state licensed sports betting company is allowed to stay in business while private companies are waiting for the new licenses.

Dr. Michael Stulz-Herrnstadt (partner) and Christoph Engelmann (associate) commented on the BayVGH’s decision in the German magazine “Zeitschrift fuer Wett- und Gluecksspielrecht” (ZfWG) 2015 pp. 250-252. The article can be downloaded here (in German).