- Federal Administrative Court. If gambling monopoly due to substance abuse is, is sympathy and image advertising of the lottery block prohibited
- be consistency of the entire German gambling law must be examined
- State lottery companies will suffer through stricter advertising bans further dramatic drop in sales
Hamburg, 10 February 2010 - It is a bitter blow from Leipzig for the advocates of the "common good state contract model": a gambling monopoly, which the German Lotto and Toto Block (DTLB) sympathy and image advertising ("doing lottery good") is made possible, according to the Federal Administrative Court ( Federal Administrative Court) European law. Yesterday, the Federal Administrative Court
has a fundamental choice to German Gambling law justified (8 BVerwG C.15.09). On 24 November 2010 had decided it that the ban private gambling promoters can be justified only if the legislature in the State Treaty on Gambling (GST) selected destination of gambling addiction is pursued effectively and legally coherent, and remanded the case for a new enlightenment to the lower court. Now the Bavarian court must clarify whether the objective pursued by the substance abuse in the German gambling law actually consistent or whether it is not by liberal regimes in other, more dangerous gambling sectors - particularly in the casinos, horse betting and vending machines - is undermined.
After the court's opinion published yesterday, while the advertising of lottery, and lotteries will be taken into account. After the verdict is an inconsistency - with the result of an unconstitutional and European law - already applies when advertising for gambling both positive content (image or sympathy advertising) transported and so is likely to provoke a gamble, regardless of whether it intends or not. References to the "good purposes" of the monopolized gambling is incompatible with such a law concept. The Federal Administrative Court leaves no doubt that the monopolist to set its current advertising practice need, they do not jeopardize their monopoly: "When an unlawful advertising practice of the monopoly carrier no longer has the constitutional justification for the invasion of vocational choice, without it were up to the existence of further breaches of the requirement for a consistent orientation to the goal of substance abuse." Prohibited as the state block companies "all promotional activities, the betting is not from one to the determined average recipient of the message have to understand betting as motivation for. With the current monopoly grounds incompatible, according Federal Administrative Court is the idea of a donation by playing." In the same breath drops the highest German administrative court the obvious objections to the monopoly of defense, "Simultaneous references in the betting risk and the dangers of betting can to provide a sufficient counterweight."
fail at these scales, the courtship behavior of lottery companies and the total GST. Betting shops in the advertising of the current monopoly system is then effectively excluded: Allowed is only the "Note on a legal way to bet an actual decision to implement".
the court left open whether the gambling law is aimed at all consistent to the goal of substance abuse. This could not decide as a court of appeal. The findings of the Bavarian Administrative Court was not sufficient. Before application of the prohibitions of the GST, the Bavarian Administrative Court would have to clarify whether the advertising practices of lotteries generally meet these requirements. He would have to clarify whether in the field of dangerous gambling such as horse betting, casinos and machines a consistent substance abuse is operated. Coherence is not to accept more after the decisions of the European Court, if the expansion will run other types of gambling or condoned by the state.
advertising restrictions have brought the state lottery companies in recent months a lush fall in sales. Overall, they are by the end of this year Result of the GST collected around six billion euros less. And even though they had been repeatedly ignored the prohibition and advertised such as the use of lottery money for a good cause. Now threaten the lottery companies even higher loss, and other interventions in the distribution by the adoption agencies.
The Federal Administrative Court calls namely, the Lottery also an active drug prevention, which goes beyond the holding of information and a "supply-immanent awareness, early detection and promote the motivation to change behavior, such as the possibility of self-Lock provides.
Following the decisions of the European Court of 8 September 2010 has decided therefore now the Federal Administrative Court, that regulations already if they object to the tracking of drug dependence and a de facto tolerated expansion of gambling led to inconsistency and illegality Union would lead.
The German Lottery Association (DLV) is appealing to the Prime Minister, the discussion in March on the future of the State Treaty on Gaming, say goodbye to the lotteries of substance abuse as a major justification for the monopoly lottery event.
The legislative approach, the event lottery monopoly with the substance abuse establish formal and according thereto, and to do, has failed with the current Supreme Court ruling. The rules on lotteries such as Lotto and lotteries class can be with the central control approach is no longer maintained. By the addiction argument "necessarily following restrictions, as she has raised the federal administrative court to ban the previous sales of state lottery as a harmless pastime for the promotion of good purposes.
The central argument addiction is a dead end with lotteries. A recent scientific study shows empirically that there is no lottery addiction. The study by Prof. Dr. Heino Stöver Director (of the Institute for Addiction Research at the University of Applied Sciences, Frankfurt / Main) was recently launched with a survey of the Administrative Court Hall created. The court had asked about 100 drug clinics, and all courts in support of the Federal Republic of Germany on the importance of gambling-lotteries such as Lotto 6aus49. "There are other reasons such as fraud and manipulation, threats, secure the event the lottery monopoly, while allowing the sale of lotteries in the competition," said Norman Faber, President of the DLV.
This was not only constitutional and European law, but also economically and fiscally appraised. According to a recent study by University of Hannover, countries may then alone with their lotteries additional net revenue of at least ten billion euros by 2016 to generate (2.8 billion euros annually from 2016 net). Also popular sports, welfare and culture are likely to breathe again. For-profit projects have the states then annually up to € 1 billion more in the lottery pot. With the current decline in sales as a result of the GST, however the countries are currently around 400 million euros less funding available.
Contact:
German lottery association
Tel: 040 / 89 00 39 69
info@deutscherlottoverband.de
www.wettrecht.de 0700 / COMPETITION LAW 
0 comments:
Post a Comment