press release from the Hesse Administrative Court of 3 March 2011, No: 06/2011
One is in Frankfurt am Main-based company also failed on appeal to the trial, permit the Hessian Ministry of the Interior and Sport for the provision of lottery-Tip series (6 of 49 to the first ride with a super number) from mobile phones via SMS. The 8th Senate of the Hesse Administrative High Court with a verdict today announced the appointment of the company against an adjudication of the administrative court rejected Frankfurt am Main, and thus also rejected primarily sought a declaration that because of the European Court of Justice on German gambling law gambling the intended placement is now permitted without permission.
The applicant company applied for in December 2007 the Home Office for permission for commercial gambling mediation "Lotto SMS" in four variants after 1 January 2008 will come into force Gambling Treaty and the rules adopted for its execution Hessian gaming law. The intention is to distribute game cards via SMS as an advertising sponsorship cards or directly by the match agent, either directly or through adoption agencies, such as gas stations or kiosks. In addition, "Lotto SMS" are also offered at vending machines, where should be an age verification in cigarette sales as a bank card.
The Home Office refused to grant the requested permission in June 2008 primarily on the ground, were in any of the proposed distribution methods of ensuring the Gambling Treaty enshrined the protection of minors and the need for drug prevention, because age controls if necessary with the initiation of legal relationships with potential players, but not in the game process itself are provided. The sending of SMS successes at any time and from anywhere in complete anonymity, without any social control, which is not the protection of minors and prevention of problem gambling needs am. Also question the reliability of the applicant company have been expressed, because it advertised since 2004, under approval of the then Lottery Treaty and the former Hessian execution right for a lottery and they also learn have without having had the requirements for that state have permission.
In this view, the defendant State of Hesse has now been largely confirmed by two courts. The Administrative Court has also that the appointment to the central question considered and denied that the German gambling law in general and particularly the license requirement for the mediation of gambling by the European Court of Justice in September 2010 expressed doubts about the necessity and proportionality of the state gambling monopoly to be challenged.
the revision is not approved, the Administrative Court. Less, the applicant company appeal to decide on the Federal Administrative Court in Leipzig would have.
file number: 8 A 2423/09
Brothers-Grimm-Platz 1-3 34117 Kassel ×
Responsible: Judge Hess. VGH Prof. Dr. Lothar Fischer
Tel: (0561) 1007-280 × Fax: (0561) 1007-264
E-mail address: pressestelle@vgh-kassel.justiz.hessen.de
decision on shipments: entscheidungen@vgh-kassel.justiz.hessen.de
www.wettrecht.de 0700 / COMPETITION LAW 
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