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german gambling law 2018

The new State Treaty on Gambling, which is due to take effect on January 1, 2018, opens the door to the possibility of an expansion of the federal. Twenty sports betting licenses were awarded by Germany in September 2014, but due to legal challenges by failed applicants, none of these licenses were ...
The German states aim at a ratification of the new law until 31 December 2017. This means that the amended State Treaty on Gambling will not enter into force before 1 January 2018 and that the interim measure of getting orders of approval for sports betting will become more relevant until the concession ...
III. Outlook on Gambling Regulation in Germany for 2018. 1. Proposed Interstate Treaty on Gambling. The Ince decision was followed by a wave of national court decisions confirming the licensing process' incompatibility with European law. German authorities experienced difficulties in issuing injunctions ...

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Europe's online gambling scene saw a number of important changes last year. More EU countries officially regulated their iGaming markets (the Czech Republic, Poland), while other countries acknowledged the importance of the introduction of proper regulations (Sweden) in relation to the provision of this ...
III. Outlook on Gambling Regulation in Germany for 2018. 1. Proposed Interstate Treaty on Gambling. The Ince decision was followed by a wave of national court decisions confirming the licensing process' incompatibility with European law. German authorities experienced difficulties in issuing injunctions ...
The Interstate Treaty subjects any activity falling under the definition of a "game of chance" to German gambling regulations. A "game of... However, the Amendment Treaty did not enter into force on 1 January 2018 as originally planned since three of the German states, the Schleswig Holstein, North Rhine ...
Despite the fact that a new treaty designed to look at refreshed regulation for Germanys online gambling industry, the countrys sector remains complex.

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Football Betting Tips 22.02.2018 - King Germany

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Gambling law in Germany – an update

This is the case whenever valuable consideration is given in exchange for a chance to win and the determination of winnings is entirely or predominantly a matter of chance in the context of a game.
Bets are also considered games of chance as per the Interstate Treaty, yet a licensing regime open to private operators was only established for fixed-odds sports betting offerings.
Horse race betting offerings are also licensable.
Betting on events other than sports and horse races — such as political events or financial products and tradings including spread betting, FX trading, binaries, contracts for difference, etc.
Pool betting offerings are reserved for the state monopoly, since such offerings are commonly classified as a kind of lottery.
Lotteries in general are defined as games of chance that are directed at a majority of persons, involve a certain payment, a specific game plan and the chance to win money as opposed to other prizes of monetary value this would be referred to as a draw in Germany.
Although ultimately subject to a case-by-case analysis, where German jurisprudence may, but only to a limited extent, provide some guidance, so-called social games will mostly classify as skill games.
In the absence of specific regulation, the legal classification of fantasy league games offered to German players will depend on the specifics of the i.
Against this background, skill competitions and competitive sports for prizes also do not typically fall within the scope of gambling regulation in Germany.
While Germany has been known to take a fairly restrictive position towards gambling, gambling — with the exception of online casino gambling — is neither generally prohibited nor particularly encouraged through licensing in German gambling laws.
The protectionist approach of the German states over their lottery and sports betting monopoly and years of continued criticism under EU law which go hand in handhowever, must be seen to be characteristics of German gambling regulation.
As a result, gambling regulation in Germany is constantly undergoing some kind of reform usually triggered by a decision from the Court of Justice of the European Union CJEU or national courts or intervention on the part of the European Commission confirming that the European fundamental freedoms are not sufficiently ensured, and the regulatory goals cannot be achieved by means of the current regulation and licensing opportunities.
Although the German states are in the process of implementing another reform, it can be expected that further reforms will have to follow in order to ensure that gambling regulation in Germany is functioning and compliant with EU law.
For example, in most German states land-based casinos are owned by the state and the operation of lotteries is exclusively reserved for the state-owned lottery companies, which the German states are very protective of.
With regard to lotteries, private operators may only apply for brokering licences, which allow them to sell lottery tickets on behalf of the state lottery companies to promote their products, i.
The sports betting licensing process that was introduced by and initiated under the current Interstate Treaty, and was supposed to allow for the issuance of 20 licences, was confirmed to have been unlawfully designed and conducted, and could never be completed because of multiple legal flaws.
This means that, in principle, gaming is regulated by the respective state law of each of the 16 states.
In order to achieve some uniformity, the states agreed on common principles and regulations for certain fields of gambling law in german gambling law 2018 of the Interstate Treaty.
This includes the sports betting sector, for example, where the state of Hesse was empowered to act on behalf of all 16 German states.
Under the Second Treaty Amending the Interstate Treaty on Gambling the Amendment Treatywhich is due to enter into force on 1 January 2018, this responsibility is to be assumed by the state of North Rhine-Westphalia.
In Germany, there are no particular localities that have a favoured status for gambling in terms of, for example, tourist islands or reservations where particular groups have autonomy.
From January 2012 until February 2013, the state of Schleswig-Holstein pursued its own gambling policy, which allowed for online casino and sports betting licences to be issued, instead of joining the other 15 states in the Interstate Treaty.
However, after a change in government, Schleswig-Holstein ultimately joined the Interstate Treaty.
Consequently, with the exception of Schleswig-Holstein licensees i.
Ignoring the main goal of German gambling regulation i.
Irrespective of the question of how, in light of the fundamental European freedoms, enforcement taken against EU-based and licensed gambling operators can be legally justified in the current situation, the proportionality and consistency of such an enforcement practice can be questioned — an aspect that certain German administrative courts have also identified as a problem.
German authorities would derive the legal basis for acting against foreign operators from the Interstate Treaty, which, as per Section 9, allows them to make investigations into alleged violations of the Interstate Treaty and to interdict the respective offering or advertising therefor.
They may also resort to payment blocking measures under this provision.
However, payment blocking raises a number of legal questions, namely connected to data protection laws that still have to be resolved, which is why German authorities tend to act behind the scenes speaking to payment service providers rather than strictly imposing payment blocking measures.
II LEGAL AND REGULATORY FRAMEWORK i Legislation and jurisprudence As mentioned in Section I.
The current Interstate Treaty entered into force on 1 July 2012 following a legislative process that had to be initiated as a result of the CJEU finding that the state monopoly on sports betting that was provided for in the Interstate Treaty of 2008 which was itself introduced because the former state monopoly stipulated in the then applicable Interstate Treaty was held to be unlawful for lacking justification by the Federal Constitutional Court contravened EU law.
The current Interstate Treaty has been subject to criticism from the time it entered into force and the failure of the sports betting licensing process, which was introduced by the current Interstate Treaty and confirmed by national courts and most prominently by the CJEU in the Ince case to be unlawful, finally triggered the reforms that are currently being undertaken see Sections VII and VIII, infra.
Alongside the Interstate Treaty, gambling law is regulated by other state legislation, for example the Gambling Acts implementing the Interstate Treaty, Casino Acts and ordinances.
For historic or general reasons, some federal laws also influence gambling, such as the Race Betting and Lottery Act, the Trade Regulation Act, the Criminal Code and Fiscal Code.
As a general rule, the type of gambling offered and where it is offered will be influential factors for which regulator will be responsible.
The responsibilities range from individual municipalities acting as regulators e.
The only exceptions made by the Interstate Treaty in this context concern sports betting, horse race betting and lotteries.
Online casinos therefore are not currently licensable.
In contrast to online gambling, land-based gambling is widely permissible.
While the operation of traditional lotteries is covered by the state monopoly, the operation of other types of gambling can generally be licensed.
Such venues have to fulfil certain requirements.
Details will either be stipulated in the law, detailed in the application requirements or form part of the licence.
Casino games can only be operated in casinos.
The operation of casinos in some states is reserved for the public authorities, other states provide a limited number of licences for private operators.
The number of casinos allowed per state will, however, always be limited and will vary between the states.
In Baden-Württemberg, for example, three land-based casinos are allowed whereas in Mecklenburg-Western Pomerania six casino locations are provided for in the respective Casino Act.
The current Interstate Treaty provides for a maximum number of 20 sports betting licences to be issued — a restriction that has supposedly been lifted under the Amendment Treaty.
The Amendment Treaty does not limit the number of licences; however, it is likely that, going forward, German states will continue to pursue the approach of a limitation on the number of available licences.
It is also yet to be determined how this change will impact the limitations on the number of permissible betting shops per operator that are set out in the current state Gambling Acts or other acts transposing the Interstate Treaty, and vary considerably depending on the state in question.
Like the limitations on licences, the limitations on the number of permissible betting shops have been criticised for having been arbitrarily determined.
For example, Brandenburg allows for 18 betting shops per licensee, Lower Saxony provides for 2,400 shops with a maximum of 500 per licensee and Baden-Württemberg provides for a maximum of 600 shops.
The limitations raise further questions when compared with the number of existing lottery ticket sale venues e.
Concerning gaming halls, there is no statutory limit on the number of available licences, but this sector is undergoing some major changes.
The strict minimum distance requirements that gaming halls must adhere to i.
As per the law, exceptions only apply for licensed traditional lotteries, horse racing and sports betting.
The Interstate Treaty does not provide for a licensing system for online casino offerings.
This situation is criticised by experts of the industry as well as the European Commission.
In a pilot process initiated in 2015, the European Commission made clear that it considers the ban ineffective in achieving the goals set out by the Interstate Treaty.
Infringement proceedings may still be initiated but, at the time of writing, it is unlikely this will happen before autumn 2017.
Interestingly, at least one German state, Schleswig-Holstein, has in the past allowed for online casino licences to be issued.
These licenses are still valid but they are limited in scope to the territory of Schleswig Holstein and are supposed to expire in 2018.
There is no specific licensing process for gambling-related B2B services.
In relation to persons acting in key positions, it will again have to demonstrated in the licensing process that these persons are sufficiently qualified and have the necessary expertise to conduct the business reliably and responsibly.
There is no specific licensing process e.
III THE LICENSING PROCESS i Application and renewal In terms of general requirements that apply throughout all german gambling law 2018 sectors, gambling operators are usually required to demonstrate individual reliability and capability, as well as the transparency and security of their business.
With regard to the individual reliability of managerial staff, German gambling law neither prescribes nor provides for obtaining personal licences, such as in the UK.
Hence, the operator applying for a licence will have to provide evidence in the form of, for example, criminal records, CVs and qualifications of the relevant individual.
The reliability of the applicant has to be proven by disclosing details on shareholders and, if applicable, on trustees.
Capability involves being able to properly conduct gambling both from a financial and an operational perspective.
Licensing requirements to retail outlets are included in the local Gambling Acts.
Licences may either be issued by the respective state government or a city, but the number of available licences is usually limited by the law.
The number of licences for bookmakers is not limited under the federal Horse Race Betting and Lottery Act, although stringent licensing conditions have in fact reduced the interest of bookmakers in such licences.
The licensing of sports betting under the Interstate Treaty is subject to a complex licensing regime that the German states have so far failed to implement because of a lack of transparency in the process.
As per the Amendment Treaty, the limitation on the number of licences will be removed with effect from 1 January 2018 and it is intended that interim licences will be issued to operators who in the former licensing process demonstrated that they are eligible for a licence.
The extent to which interim licences will be available to other operators is currently unclear.
The responsible playing wow 2018 worth of North Rhine Westphalia has yet to publish licensing conditions.
It is expect that the German states will insist that online casino operations are closed by multi-product operators upon activating the licence, which is most likely to be challenged by the operators in court.
If the order is not adhered to it will usually be followed by a fine, which may range from a few thousand euros to tens of thousands of euros depending on the size of the gambling operation and the severity of the breach, and may be imposed in case of non-compliance within the given deadline.
The regulator may also attempt to enforce compliance by suspending the licence, reducing its term or revoking it Section 4e 4 of the Interstate Treaty.
Unlicensed gambling operations are subject to the general of enforcement outlined under Section 9 of the Interstate Treaty, where the administrative enforcement cycle usually consists of 1 a hearing letter, 2 delivery of an interdiction letter, failure of which would result in a fine, and 3 subsequent court proceedings involving a principal lawsuit on the lawfulness of the interdiction and its legal basis the Interstate Treaty as well as a claim for interim legal protection to suspend the interdiction.
As a consequence, it may take years for interdiction letters to become legally executable.
Although the Interstate Treaty provides a legal basis for payment blocking, no such blocking order has officially been issued to banks or payment processors by the responsible regulator at the Lower Saxony Ministry of the Interior.
Internet service provider blocking was removed from the German gambling regulations in 2012 and is highly unlikely to be included in the article source in any future reform as it failed to satisfy expectations in the area of enforcement of media regulators against illegal pornography on the internet.
IV Tottenham west 2018 tv Participating in money laundering is a crime for any individual in Germany and land-based casinos as well as operators of online gambling under the current AML Act are required to take risk-adequate measures to prevent money laundering in their respective operations.
In case of gross negligence, it may even incur criminal liability resulting in punishment by a fine or imprisonment.
Manipulating sports competitions as an athlete or coach — whether related to sports betting or not — may incur criminal liability for a fine or imprisonment up to three years Section 265c and 265d of the Criminal Code.
V TAXATION The type of taxes imposed on gambling operators heavily depends on the gambling product in question and to what extent state legislation will be of relevance.
The land-based casino sector acts as a good example in this context.
While online casino offerings in some states will be subject to a combination of gross gaming revenue and profit taxation, operators in other German states will have to pay taxes on gross gaming revenue i.
Tax rates range between 20 per cent and 80 per cent depending on the respective state.
Additional levies may be imposed or progressive tax rates that depend on the economic capability of the casino operator applied.
Similarly affected by state legislation, slot machine operators are subject to municipal amusement taxes tax rates vary from 12—20 per cent and the tax will be based on the gross income generated from the slot machines that they have to pay in addition to regular corporate tax.
Other gambling offerings are subject to federal taxes.
Any operator offering licensed or unlicensed sports or horse race betting to German customers, for example, is subject to a 5 per cent federal tax on stakes.
Online casino operators targeting German customers are subject to 19 per cent VAT.
VI ADVERTISING AND MARKETING Advertising and marketing of gambling overall must be considered to be subject to a very restrictive regime and influenced by a number of laws and regulations including, for example, the Interstate Treaty, the Gambling Acts of the individual states, pdc darts fixtures 2018 Advertising Guidelines, the Act Against Unfair Competition and specific laws for the protection of children and minors.
In general, advertising of gambling offerings — irrespective of where the operator is based — is only allowed for games of chance that can be legally offered in Germany.
German authorities interpret this to mean click here only German-licensed operators may legally advertise the licensed products.
Arguably, in the current situation and on the basis of the Ince case, exceptions apply in relation to EU-licensed sports betting operators.
Online casino operators, with the exception of Schleswig-Holstein licensees, will have more difficulties in arguing that their advertising activities are legal given the total ban on online games of chance that is stipulated in the Interstate Treaty.
Any advertising of unauthorised games of chance, misleading advertising or advertising that turkey vs czech republic directed at minors or other risk groups, or does not comply with basic advertising standards, is regarded as being unlawful advertising and as such is prohibited, as is most online and TV advertising.
Online and TV advertising, in principle, is prohibited, but may be allowed for licensed sports betting, horse race betting and lottery operators subject to these operators obtaining a permit from the responsible authority.
In terms of possible penalties for unlawful advertising, Section 284 4 of the Criminal Code provides for a fine or imprisonment for up to one year to be imposed.
However, state prosecutors have been very reluctant to prosecute gambling operators for advertising, most likely because of the legal uncertainty and criticism under EU law, and the constitutional requirement to ensure consistency of criminal statutes.
On 4 February 2016, the CJEU handed down a landmark decision in which it confirmed that private operators offering sports betting in Germany who can rely on the fundamental freedoms under EU law are faced with a situation that violates EU law.
The court held that a prohibition or sanction imposed for operating a German unlicensed sports betting offering in Germany would be unlawful in the current situation where the state-owned sports betting monopoly de facto unlawfully persists.
The Ince case changed the practice of enforcement as well as the jurisprudence of German administrative courts regarding the sports betting sector and was one of the reasons why modifications to the Interstate Treaty were considered.
The Federal Administrative Court, for example, adopted the jurisprudence of the CJEU and confirmed that the interdiction of sports betting operations cannot simply be based on the absence of a German licence.
The Higher Administrative Court of North Rhine Westphalia further continued the positive trend in jurisprudence regarding sports betting operations in Germany within the meaning of the Ince decision.
Some of the key points agreed by the states shall enable Germany to issue interim sports betting licences soon.
The original experimental phase of seven years was extended and the limitation on the number of sports betting licences seemingly removed.
It is highly questionable whether these reforms will suffice in achieving a gambling regulation in Germany that german gambling law 2018 in line with EU law.
In particular the interim licensing has also already been called into question by German courts, namely the Higher Administrative Court of North Rhine Westphalia.
This is particularly interesting as North Rhine Westphalia under the Amendment Treaty shall assume responsibility for sports betting licensing and supervision.
VIII OUTLOOK Following the notification process, and despite the fact that the European Commission yet again expressed concerns against the intended reforms and called into question the fact that the reforms do not extend to online casinos, the amendments were signed by the Prime Ministers of the German states on 16 March 2017 and now have to be implemented by the german gambling law 2018 over the course of thid year in order to enter into force on 1 January 2018.
Since the new law will result in for unequal treatment of up to 35 predefined sports betting operators i.
It is extremely likely that this will give rise to excessive lawsuits.
This is even more pertinent in light of the fact that operators can be expected to be required to shut down their click the following article online casino operations as a condition of the sports betting licence.
This means that the status quo please click for source operating without a valid German licence regarding sports betting and online casinos in Germany is likely to continue for a while longer.
Joerg Hofmann and Matthias Spitz are senior partners, and Jessica Maier is a senior associate, at Melchers Rechtsanwälte Partnerschaftsgesellschaft mbB.
For example, the Act Against Unfair Competition; Act for the Protection of Minors; Interstate Treaty on Broadcasting; Interstate Treaty on the Protection of Minors in the Media; and Sweepstakes Ordinance.
A list of all Schleswig-Holstein licensed online casino and sports betting operators may be found at: www.
For more details on the basic advertising standards, see the Advertising Guidelines that were issued by the Gambling Committee, a body consisting of representatives of the highest gambling supervisory authorities in the 16 states.
Although the Bavarian Constitutional Court held the Advertising Guidelines to be incompatible with the Bavarian Constitution in a decision of 25 September 2015 File Nos.
In relation to the Advertising Guidelines, the Bavarian Constitutional Court had mainly criticised that these were issued by the Gambling Committe, which arguably is an unconstitutional body.
Higher Administrative Court of North Rhine Westphalia, judgment of 23 January 2017, File No.
Up to 35 operators who met the minimum requirements for a licence in the former failed sports betting licensing process conducted by the state of Hesse shall be eligible to receive an interim licence with effect from 1 January 2018.
Higher Administrative Court of North Rhine Westphalia, judgment of 23 January 2017, File No.
While hugely diverse, it is possible to discern common challenges and similar approaches in very different countries.
Edition 8 Editor As the various editions of this book have highlighted, changes to the laws of many jurisdictions over the past several years emphasise why we continue to consolidate and review this text to provide readers with an up-to-date reference guide.
Edition 3 Editor The Sports Law Review recognises that sports law racecourse 2018 curragh not a single legal topic, but rather a field of law that is related to a wide variety of legal areas, such as contract, corporate, intellectual property, civil procedure, arbitration and criminal law.
Edition 6 Editor At a macro level, the dominant trend affecting the private wealth arena in the last 12 months continues to be the impact of various supranational initiatives seeking greater transparency with respect to anti-money laundering regimes and tax information exchange.
Edition 7 Editor The past year has seen immigration issues dominate political learn more here and news cycles around the world in an unprecedented fashion.
Edition 6 Editors Executive remuneration encompasses a diverse range of practices and is consequently influenced by many different areas of the law, including tax, employment, securities and other aspects of corporate law.



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