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Conflicting Court Cases in Germany Both For and Against Private Betting Providers

Oct 13, 2009 - Germany

Since the German Interstate Treaty on Gambling came into effect in January 2008, effectively creating a German betting monopoly, battles have ensued at court level with a number of conflicting judgements pronounced for and against private betting providers.

Between August and October 2009, the Higher Administrative Court of Bavaria and the Higher Regional Court of Rhineland-Palatinate reinforced the illegality of private betting providers and, in the case of the latter, prohibited them from offering any form of sports betting. Similarly, the Administrative Court of Lower-Saxony has confirmed that the German sports betting monopoly is constitutional.

In stark contrast with these decisions, the Supreme Court of Justice in Berlin considered the offering of private sports betting legal, reasoning that there was no constitutional basis for a government monopoly in 2008. The Administrative Courts of Rhineland-Palatinate and Baden-Württemberg also judged in favour of private betting providers.

An amendment to the present law confirmed that online gambling by private betting providers as well as state-run companies is completely forbidden in Germany. As a result, the German state is currently facing revenue losses of approximately €2.8 billion.

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