Category Archive: Germany

Future of gaming law after meeting between regulators

Gambling regulators of France, Germany, Portugal, Spain and the UK joined last week the Italian online gambling regulator in Rome to discuss about the future of the European gambling sector that might lead to some improvements as well as some concerns especially for game suppliers. Read the rest of this entry »

Sportsbetting conference in Rome on 10 December 2013 – come and join us!

We are delighted to inform you that we will be running a conference named “Sports betting in Italy: how to reverse the decline? Countries in comparison for a possible solution” on the 10th of December 2013 in Rome at the Hotel Boscolo Exedra – Michelangelo meeting room, Piazza Della Repubblica No. 47, at 9:30 am. Read the rest of this entry »

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 »

EiG, we were there!

As every year, the DLA Piper global gambling team attended the European iGaming Expo EiG in Barcelona. The team was very well represented by Hilary Stewart-Jones, Steve Ketteley (pictured in his normal office suit!) and Ashley Averill (the very happy guy in the picture) from the UK, myself Giulio Coraggio (the guy with closed eyes in the picture) from Italy, Albert Agustinoy (also pictured, our host and also the best restaurant guide of Barcelona) from Spain, Antoon Dierick from Belgium, Patrick Schwarzbart from Germany and Tim Lowry from the United States. Read the rest of this entry »

All-In@EiG

To coincide with the 12th European iGaming Congress and Expo, the DLA Piper Gaming Team has once again collaborated to provide you with updates and analysis of topical legal and regulatory issues across the globe.

This year’s publication includes articles from Belgium, Czech Republic, Germany, Italy, Spain, the UK and the U.S..

Please click here to read the e-magazine or click here to view the PDF

Germany: the uncertainty continues

Schleswig-Holstein’s new coalition agreement addresses the issue of online gambling licenses and confirms the government’s aim to stop the licensing procedure and prevent subsequent amendments to Schleswig-Holstein’s Gambling Act. However, the outcome of these aims hinge on several conditions. Read the rest of this entry »

Germany: Delay of sports betting licencing process – first licences not expected before August

The licencing process for sports betting offers in Germany has been substantially delayed. While the authorities initially targeted May 2013 to issue the first of the up to 20 licences to be granted under the Interstate Treaty on Gambling, they have now postponed the timeframe. 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: Promotions that allow entrants to be reimbursed for goods is not gambling

On 9 April 2013 the Upper Administrative Court Mannheim (6 S 892/12) held that an advertising campaign granting the customers the reimbursement of their purchase prices if it rained on a specific date does not constitute a gambling offer under German law and thus does not require a respective licence. 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’s Ministry of the Interior clarifies the scope of online casino game licences

One day after its 19 December 2012 issuance of the first 12 online casino game licences under Schleswig-Holstein’s Gambling Act, the state’s Ministry of the Interior sent out a warning letter to one licensee, a company resident in the state’s capital Kiel. 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: Opaque licensing process riles stakeholders

The saga in relation to Germany’s Interstate Treaty continues to cause headaches among many in the industry. So much so that the European Gaming and Betting Association, in conjunction with the Remote Gaming Association, have filed fresh complaints with the European Commission (“EC”) over the restrictive regulatory regime under the Interstate Treaty and its opaque licensing process. Read the rest of this entry »

Germany: Uncertainty in Germany

Patrick Schwarzbart (DLA Piper, Munich) and Max Wenger (DLA Piper, Hamburg) discuss the continued era of uncertainty for online gambling regulation in Germany.

Click here to read Uncertainty in Germany, published in the latest edition of iGaming Business.

Germany: Europe-wide invitation to tender for sports betting licences – short deadline stirs excitement

The Ministry of the Interior and Sports of Hesse has started the Europe-wide public invitation to tender with regard to the 20 sports betting licenses granted under the new German Interstate Treaty on Gambling (Glücksspielstaatsvertrag). Read the rest of this entry »

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