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Patrick Schwarzbart

Author's details

Name: Patrick Schwarzbart
Date registered: May 31, 2013

Latest posts

  1. Germany: Online Blackjack Player Found Guilty of Illegal Gambling — January 7, 2015
  2. Germany: CJEU postpones showdown on German gambling regulations — June 12, 2014
  3. Germany: Federal Administrative Court – Second decision on the legal qualification of an entrance fee — January 24, 2014
  4. Germany: Gaming Machine Industry affirms its commitment to fight against German gambling regulations — January 24, 2014
  5. Germany: Sports betting concessions back to square one — November 15, 2013

Most commented posts

  1. Germany: opaque licensing process falls foul of EU and equal treatment principles — 1 comment
  2. Germany: Federal Administrative Court sharpening the definition of a game of chance. Entrance fee not relevant for the qualification? — 1 comment
  3. Germany: Schleswig-Holstein issues 12 licences to operators of online casino games — 1 comment
  4. Germany: Federal Court of Justice submits questions to ECJ — 1 comment

Author's posts listings

Germany: Online Blackjack Player Found Guilty of Illegal Gambling

The district court Munich found a Munich man guilty of participation in an unlicensed public game of chance due to his participation in online blackjack games. The player was fined under criminal laws and the funds received by the player from these activities were confiscated. Read the rest of this entry »

Germany: CJEU postpones showdown on German gambling regulations

In a decision that has long been awaited by the industry and the legislator alike, the European Court of Justice ruled today, 12 June 2014, on the question to what extent two conflicting regulatory frameworks within one member state lead to inconsistency.

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Germany: Federal Administrative Court – Second decision on the legal qualification of an entrance fee

In a ruling of 22 January 2014 the Federal Administrative Court reversed a decision of the Adminstrative Court Halle concerning the qualification of an entrance fee to a Poker tournament as a game of chance (BVerwG – 8 C 26.12). According to the Federal Adminstrative Court the payment of an entrance fee does not qualify as a „wager to obtain an opportunity to win“ (which is a requirement for a game of chance to fall under German gambling regulations), at least under certain conditions.

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Germany: Gaming Machine Industry affirms its commitment to fight against German gambling regulations

At the International Trade Fair for Amusement and Vending Machines Sportbetting and Sportsgaming (IMA) held between 14 – 17 January 2014 in Düsseldorf the gaming machine industry represented by the Association of the German Gaming Machine Industry (VDAI) again made it very clear that they will not back down on challenging the current gambling regulations in Germany.

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Germany: Sports betting concessions back to square one

In a letter sent to applicants on 14 November 2013, the Ministry of the Interior in Hessen, informed that none of the applicants, including the ones already invited to the negotiation phase in May of this year, meet the minimum requirements for the 20 sports betting licences to be granted under the Interstate Treaty on Gambling. Read the rest of this entry »

Germany: Federal Administrative Court sharpening the definition of a game of chance. Entrance fee not relevant for the qualification?

In a ruling of 16 October 2013, the Federal Administrative Court confirmed a judgment of the Higher Administrative Court Mannheim that an online football Fantasy League game requiring a one time entrance fee does not qualify as a game of chance in the meaning of German gambling regulations (BVerwG 8 C 21.12). Read the rest of this entry »

Germany: opaque licensing process falls foul of EU and equal treatment principles

German administrative court holds sports betting licencing procedure to lack transparency forcing the authorities to invite further operators. Read the rest of this entry »

Germany: Schleswig-Holstein repeals Gambling Act

After a very heated debate in the Schleswig-Holstein parliament today (24 January 2013), Schleswig-Holstein’s leading coalition voted to repeal the liberal Gambling Act which came into effect only one year ago under the old government. Read the rest of this entry »

Germany: Federal Court of Justice submits questions to ECJ

On 24 January 2013, the German Federal High Court of Justice (Bundesgerichtshof – “BGH”) announced its decision to stay the proceedings of a state-run lottery company (plaintiff) against a private online gambling and betting provider (defendant) in Germany. The BGH decided to refer four questions to the European Court of Justice (“ECJ”) for a preliminary ruling on the consistency of German gambling law with the free movement of services as guaranteed under Art 56 TFEU instead. Read the rest of this entry »

Germany: Schleswig-Holstein issues 12 licences to operators of online casino games

On 19 December 2012 Schleswig-Holstein’s Ministry of the Interior issued 12 online casino games and online poker licences to operators. These licenses will be valid for a period of 6 years, i.e. until 18 December 2018. The Ministry’s decision was long expected since licences for sports betting operators had been issued much earlier. The new government of Schleswig-Holstein clearly stated that they did not want to issue these licences but were required to under the existing regulatory framework. Read the rest of this entry »

Germany: Schleswig-Holstein’s vote on joining the Interstate Treaty put on hold

Patrick Schwarzbart and Max Wenger (DLA Piper, Germany) comment on the recent developments in Schleswig Holstein. Read the rest of this entry »

Germany: Coherent gambling framework?

According to media reports, in an oral hearing which was held on 22 November, the Federal Court of Justice (Bundesgerichtshof, the highest court in civil law matters in Germany) expressed doubts about whether the ban of online gambling, in particular in relation to online casino games, stipulated under the German Interstate Treaty is in line with European laws (BGH, I ZR 171/10). Read the rest of this entry »

Germany: Poker – a game of skill?

In a ruling of 31 October 2012, the Finance Court Cologne (Az. 12 K 1136/11) found that poker is not a game of chance but rather a game of skill. Read the rest of this entry »

Germany: Elections in Schleswig-Holstein – Possible impact on gambling licenses

The state elections in Schleswig-Holstein were held on Sunday, 6 May 2012. The election results are certainly not the results gambling operators have wished for but the Schleswig-Holstein Gambling Act may still have a future. Read the rest of this entry »