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   Sunday, June 16 2024 
Online gambling: The ECJ officially against the law in Germany

The verdict were officially known on Wednesday, September 8th, 2010, the European Court of Justice (ECJ) which has its headquarters in Luxembourg disavow the German monopoly on online gambling. This monopoly dictated by the Interstate Gambling Treaty and operative since January 2008, expressly forbids in the whole 16 Lander of the Federal Republic of online casino games and poker. The ECJ also urges German lawmakers to comply with EU law stipulated by the treaty. This recent decision also contradicts the jurisprudence of two earlier decisions of the Court which accepted the Dutch and Portuguese monopoly. The ECJ clarify its argument on the fact that the German public monopoly goes far beyond its mission by engaging more advertisements for huge profits. The Court specify that monopoly should only be applicable if it concerns consumer protection and the fight against fraud.

Moreover, the CDU, the SPD and FDP, the three main political parties in the country have already expressed their wish to abolish the current legislation regulating online poker and casino games on the internet. In the same topic, this new ruling of the ECJ induces online private operators to reinforce their actions to exercise the right of doing publicity without limits. Theses restrictions, according to statistics, cost them up to 30% of their turnover on the local market. It's now the turn of the German legislators to take decision, will they follow the rules of the treaty governed by the Interstate Gambling Treaty or will the override it ? Stay tuned ...

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