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Fundamentals of licensing procedures
Administrative Procedure, Opposition Proceedings, Administrative Action. An overwiev on licensing procedures in Germany.
German Courts Rule in Favor of Cross-Border Betting - reported by igamingnews.com
Recent court rulings in the Netherlands and Scandinavia have strengthened the notion that the Gambelli verdict does not open European member states up to cross-border gambling, but a pair of new cases in Germany might indicate otherwise.
U.S. Threatens Action Against Online Gambling - a new York Times report
Recently prosecutors under command of the U.S. attorney Gruender threatened American companies with penal prosecution for aiding and abetting illegal gambling by advertising for internet gambling offers not licensed in the U.S.
The legal questions and problems arising are similar to those in Germany. A great deal of legal uncertainty has become evident in the U.S. as well.
The following summary of an article published by the New York Times will outline the problems.
Gaming Law updated- Newsletter 7
The “Hessischer Verwaltungsgerichtshof” (Hessian Administrative Court of Appeal) again unhinges state monopoly in the area of gambling.
Gaming Law updated- Newsletter 8
Has the Hessian Administrative Court of Appeal already broken up the state monopoly on gambling in Germany?
Gaming Law updated - Newsletter 9
Antigua v. USA – Gambling- and WTO - Law and The administrative high court (Bundesverwaltungsgericht) defends the monopolistic structure of the casino business
County court of Bremen, decision of March 16th 2004, (74 Ds 601 Js 7083/03)
In the light of the latest court decisions a conviction of an agent conveying sporting bets to England has become improbable
County Court of Recklinghausen, decision of March 10th 2004, 32 Ds 11 Js 474/04
Conveying of sporting bets to an Austrian Bookmaker is not liable to prosecution since sporting bets cannot be considered as games of chance in terms of Art. 284 German penal code.
Overview Art. 284 German Penal Law
A graphical overview over the system of Art. 284 German Penal Law
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Gaming Law updated - Newsletter 10
Several courts decided against state monopoly in the area of gambling in the last few weeks. We are going to discuss the decisions of the administrative - and district court of Karlsruhe as well as the decisions of the county court of Bremen and Recklinghausen.
Gaming Law updated -Newsletter 12
The State Treaty on Lotteries became effective on July 1st 2004 – Of the State Monopoly, a consolidation ?
The European Union and its Impact on State-Licensed Gambling Monopolies
Do gambling monopolies still focus on limiting gambling behaviour or will they lose their status as monopolies? - A Report by Martin Ölbermann of MECN
Popular sport events, such as the Euro 2004 or the summer Olympics, are the highlights for betting providers and bookmakers, however this may be the last year that state-licensed monopolies dominate the European betting market and profit from the increase in betting all across Europe.
The European Court of Justice decided at the end of last year that the prohibition by EU states against foreign (EU-based) betting services is a restriction of the freedom of establishment, and the freedom to provide services across the EU. Now it is up to the national courts to examine and decide whether in the various monopolies the objective of limiting gambling has taken the backseat to a focus on turnover and profit; if this is the case, they stand to lose their status as monopolies.
Gaming Law updated - Newsletter 13
On August 3rd 2004 Oddset was officially presented as the fifth “National Sponsor” of the Football World Cup 2006. Reason enough for me to have a closer look at this market behaviour from a legal point of view. The Administrative Court of Osnabrück extensively invoked the requirements postulated by the “Gambelli-decision”...
German Gaming Law updated - Newsletter 14
Administrative Court of Kassel: licensing provisions for sports bets are unconstitutional
County Court of Heidenheim: Art. 284 StGB is not applicable to cross boarder offering of sports bets
German Gaming Law updated - Newsletter 15
The Federal Constitutional Court remanded the case for violation of effective legal protection (Art. 19 IV GG). Therefore it did not get down to the interesting question of a possible violation of the basic right to choose one’s profession (Art. 12 GG). Nonetheless, the Federal Constitutional Court will soon have to decide on the question after the Administrative Court of Kassel had declared the state provisions on gabling unconstitutional in its latest decision commented on in our last newsletter.
German Gaming Law updated - Newsletter 16
Hessian Administrative Court of Appeal revises its decision of February 2004 : A setback for the liberalisation of the German gambling market ?
Oddset not offered “only by Lotto” – The Federal Court of Justice stops misleading advertisement by the state operators.
German Gaming Law updated - Newsletter 17
1. A Munich Criminal Court again rejects the notion of punishing an Austrian bookmaker for unlawful betting
2. Freedom of Services following EEA-law: EFTA-Surveillance Authorities introduce proceedings against Norway
Questions and Answers on the Gambelli-Case
With its "Gambelli-Decision" the ECJ took an enormous step towards liberalizing the European gaming-market. The following article outlines the reasoning and them main principles established by the "Gambelli-Decision"
German Gaming Law updated - Newsletter 18
1. Editorial: What does the year 2005 have in store?
2. Freedom of profession of sporting bet agencies: Decisions of the Federal Constitutional Court coming up this year
3. Will „Gambelli II“ bring clarification? Decision pending before the European Court of Justice in the “Placanica” case
4. The Upper Administrative Court of Saxony questions the validity of the state monopoly on sports betting
German Gaming Law updated - Newsletter 19
1. Editorial: All eyes are focussed on Karlsruhe
2. Regulation of General Betting Agreements under German Law
Part 1: International Private Law
3. Will the cancellation of the trademark “LOTTO” be followed by that of “TOTO”?
4. European Gambling Briefing on the 25th and 26th of April 2005 in Brussels
German Gaming Law updated - Newsletter 20
1. Editorial: What will and can the Federal Constitutional Court decide?
2. Regulation of General Betting Agreements under German Law
Part 2: Judicial Review of the Standard Contract Terms (AGB, Allgemeine Geschäftsbestimmungen)
3. The Federal Administrative Court: An Amusement Arcade Licence for an Internet Cafe
German Gaming Law updated - Newsletter 21
1. Editorial: When are the Federal Constitutional Court and the ECJ finally going to bring Clarification to the whole Issue of Private Gaming Operators?
2. Federal Constitutional Court: There are “considerable doubts” as to the Prohibition of private Betting Offers
3. District Court of Cologne: Gambelli Criteria have to be taken into Consideration
Germany: Review of latest developments
The German courts have considered a number of gambling related cases. Martin Arendts, Attorney at law, reports of the latest developments.
German Gaming Law updated - Newsletter 22
1. Editorial: Tame Regulatory Authorities and effective Legal Protection
2. EU Commission: Action for Infringement of the Treaty against Germany ?
3. Eighth Edition of the Internet Gambling Report released
German Gaming Law updated - Newsletter 23
1. Case concerning Sports Betting to come up for a hearing before the German Federal Constitutional Court on November 8th 2005
2. Eighth Edition of the Internet Gambling Report released
3. Masthead
German Gaming Law updated - Newsletter 24
1. Some background on the hearing before the Federal Constitutional Court in the case of Sporting Bets
2. University of Tilburg’s colloquium on European Gambling Law
3. Masthead
German Gaming Law updated - Newsletter 25
1. First Impressions of Hearing before the Federal Constitutional Court in the case of Sports Betting
2. University of Tilburg’s colloquium on European Gambling Law
3. Masthead
German Gaming Law updated - Newsletter 26
1. The hearing before the Federal Constitutional Court in the case of sports betting – Part 3: The complainant’s and the bookmakers associations’ arguments
2. The game “Millionaire by Call” is illegal gambling and therefore constitutes unfair competition
3. Masthead
German Gaming Law updated - Newsletter 27
Newsflash:
German Federal Constitutional Court will pronounce its leading decision on sports betting on the 28th March 2006.
German Gaming Law updated - Newsletter 28
Newsflash:
1. Sports-Betting and Gambling 2006 – a provisional Appraisal
2. The Freedom to provide Services according to EEA-law: EFTA Supervisory Authority brings Action against Norway
3. Trade Mark “Lotto” cancelled for good. When is “TOTO” going to follow?
4. Euroforum-Conference “Sports-Betting – a new Market forms up”
German Gaming Law updated - Newsletter 29
Newsflash:
German Federal Constitutional Court pronounces its Decision in the Case of Sports Betting
The Decision’s Key Messages.
Attorney-at-law Martin Arendts reporting directly from Karlsruhe
German Gaming Law updated - Newsletter 30
Newsflash
The Federal Constitutional Court’s Decision in the Case of Sports Betting -
Facts and Consequences arising from the Decision
German Gaming Law updated - Newsletter 31
Newsflash
The European Commission takes a first Step in an Infringement Procedure against Germany and six other Member States.
Are the German measures with regard to Sports Betting compatible with the Free Movement of Services Guarantee?
German Gaming Law updated - Newsletter 32
The Federal Constitutional Court’s Sports Betting Decision and its Consequences
Part 1: Governmental Liability under Community Law for Denying Market Access and unlawful Prohibition Orders
German Gaming Law updated - Newsletter 33
Newsflash:
Administrative Court of Munich: Community Law is relevant to sports betting and the question of the scope of its applicability is not resolved in view of the Federal Constitutional Court’s decision.
by Attorney-at-Law Martin Arendts, M.B.L.-HSG
German Gaming Law updated - Newsletter 34
Newsflash
Penal Court of Ravensburg: Transferring sporting bets to an operator licensed in another EU Member State is not subject to prosecution.
b
y attorney-at-law Martin Arendts, M.B.L.-HSG
Regulation in Europe - Quo Vadis ?
The Federal Constitutional Court declared the state monopoly's hold on sports betting, under the brand name ODDSET, to be unconstitutional.
Attorney-at-law Martin Arendts reports on the consequences arising.
German Gaming Law updated - Newsletter 35
Newsflash:
Bavarian Administrative Court: Bavarian State Lottery Act is in violation of Community law and therefore not applicable
by attorney-at-law Martin Arendts, M.B.L.-HSG
German Gaming Law updated - Newsletter 36
The Impact of Community Law for Administrative Procedures – Ignorance, Misunderstandings and Perversion of Justice
by attorney-at-law Martin Arendts, M.B.L.-HSG
German Gaming Law updated - Newsletter 37
Newsflash:
Bavarian Administrative Court of Appeal affirms Closure of Betting Shop
by Attorney-at-Law Martin Arendts, M.B.L.-HSG
German Gaming Law updated - Newsletter 38
National Prejudice – Home Bias towards Foreign Gaming and Betting Operators
by Attorney-at-Law Martin Arendts, M.B.L.-HSG
German Gaming Law updated - Newsletter 39
Betting dead easy – Testing Youth Protection and Addiction Prevention at ODDSET
by Attorney-at-Law Alice Wotsch
German Gaming Law updated - Newsletter 40
The irresistible End of a Cartel –
by Attorney-at-Law Martin Arendts, M.B.L.-HSG
A Commentary to the Federal Cartel Office’s decision regarding the Deutscher Lotto- und Totoblock
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German Gaming Law updated - Newsletter 41
District Court of Ravensburg affirms Exemption from Punishment for Sports Betting Agent
by Attorney-at-Law Martin Arendts, M.B.L.-HSG
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German Gaming Law updated - Newsletter 42
The Draft of a new Interstate Treaty on Lotteries
by Attorney-at-Law Martin Arendts, M.B.L.-HSG
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German Gaming Law updated - Newsletter 43
EFTA Court decides on the Legitimacy of State Monopolies on Betting and Gaming
by Attorney-at-Law Martin Arendts, M.B.L.-HSG
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German Gaming Law updated - Newsletter 44
European Court of Justice hears case on legal protection with regard to sports betting
by Attorney-at-Law Martin Arendts, M.B.L.-HSG
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Volume 5 Issue 11 November 2006
Germany: Germany's regulatory framework: recent developments
Recent proposals for a new interstate treaty prohibiting internet gambling, conflicts between community law and domestic courts' decisions
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