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Germany: Unconstitutionality of sections of the State Treaty on Games of Chance

By Dr. Michael Stulz-Herrnstadt and Christoph Engelmann

The Bavarian Constitutional Court (BayVerfGH) had to decide whether the German State Treaty on Games of Chance is constitutional. It decided that two sections of the State Treaty are unconstitutional. The first section is § 4a III 2 which enables the German prime minister conference to decide over the quantity of licenses for sport betting companies. The second section is § 5 IV which enables the so called “Gluecksspielkollegium” to enact guide lines for advertising. The BayVerfGH held that both sections are unconstitutional because of violations of the rule-of-law principle.

Dr. Michael Stulz-Herrnstadt (partner) and Christoph Engelmann (associate) commented on the BayVerfGH’s decision in the German magazine “GRUR-Prax” 2015 p. 491. The article can be viewed here (in German, subscription based).