Monday, February 28, 2011

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Administrative Court Stuttgart: ban private betting agency also to non-citizens unlawfully

press release from the Administrative Court of Stuttgart on 28 February 2011

This was the 4th Appeal of the Administrative Court of Stuttgart with judgment 14 February 2011 decided and uphold the appeal by a Turkish citizen against the government Bureau of Karlsruhe represented the state of Baden-Württemberg for prohibiting the provision of sports betting and the court, the prohibition was lifted (Az: 4 K 4482/10, see also press releases of the Administrative Tribunal of 10.12 and. 17/12/2010).

The 4th Chamber has considered the prohibition order for violation of the service or freedom is incompatible with the primacy of European Union law. Here, the scope of freedom of services extended to the prohibition orders from intermediaries from third countries (non EU citizens), although this from personal Scope of freedom of services are not covered. This interpretation is necessary to damage the (active or passive) service clearance between the contracting parties of the sports bets that are typically citizens to prevent loss.
a prohibition order against only non-EU citizens is also a misuse of powers, as, given the large number of sports betting exchanges by EU nationals who might not be prohibited to combat gambling addiction is inappropriate.

The appeal against the sentence was authorized. The appeal to the Administrative Court of Baden-Württemberg may, within one month Notification of the appeal to the courts.

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