VG Gera, Press release 02/07/2011 Judgement of the 5 K 155/09 dated 12.14.2010
The 5th Appeal of the Administrative Court ruling of 14.12.2010 Gera has the action of Sportwetten Gera Ltd. upheld in substance and determined that the applicant is entitled to exercise the sports betting industry.
The City of Gera had the applicant in September 1990 was issued on the basis of the GDR Commercial Law permission to pursue the sports betting industry. The applicant was then worked out as the organizer and facilitator of sports betting in Germany. Moreover, it provides sports betting services in other Member States of the European Union. are
Because of the nationwide exercise of their trade given in the past, various official bans - if they were unauthorized public gambling - and various pending legal proceedings have been. In 2008, which came into force Gambling Treaty, which was completed the provinces, as well as arrange the Thuringian gambling law for Lotto, Toto and a state monopoly on sports betting. In these areas of private business activities should not in principle. The monopoly is due mainly to the prevention of the emergence of gambling and gambling addiction among the population and to limit the supply of gambling.
The Administrative Court of Gera is now with the verdict 14/12/2010 held that neither the State Treaty on gaming preclude nor the Thuringian gambling law the exercise of the sports betting industry carried out by the applicant. The corresponding national prohibitions should not be used. They were contrary to the higher-ranking European freedom to provide services (Article 56 of the Treaty on the Functioning of the European Union - TFEU -). On they could all EU citizens rely. Acknowledges that the freedom to provide services for compelling reasons of public interest (such as consumer protection, prevention of disorders of the social order, see Article 62 in conjunction with Article 52 paragraph 1 Treaty) are restricted by national regulations. The Court of Justice, such a limitation must, however, the requirements of proportionality requirements. In particular, national regulations would have to "consistent and systematic manner" the goal of the restrictive regime (ie to the consumer protection) follow.
The Administrative Court of Gera, in his opinion adopted by the 12/14/2010, that do not meet the State Treaty on gaming and gambling law Thuringian these requirements. For one thing the country go in the state betting monopoly is not actually focus to consumer protection. Rather, should a traditional source of government revenues be maintained. This reasoning was, according to the relevant EU law, however, do not justify the intervention. Second, the entire German gambling sector is not consistently regulated in such a way that the emergence of gambling addiction could be counteracted. This is demonstrated by the fact that in the range of machines based gaming to the trade regulations (particularly recreational room) may be in commercial operation in the private, the legislators have so far not taken effective measures to prevent dependencies. This section of the gambling sector as generally believed also to a higher addictive potential than the area of sports betting. Also, legislators have in the area horse race betting as a private entrepreneur. Finally, it should be noted that the states it hinnähmen that had expanded in the last decade, the supply of state casinos.
The Administrative Court has approved because of the fundamental importance of the case an appeal against this ruling is not final. On the question of whether private may operate in Germany, sports betting companies nationwide already several court decisions have been issued that have come to different conclusions.
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