It has been suggested through Reuters that the European
Union will be taking legal action against Germany following Germany’s newly
implemented online gambling ban. The EU are keen to press the action as quickly
as possible, and will seek European Commission approval as early as next week.
The move will most likely see the German government be
handed a final warning from the EU, who claim that the legislation is
discriminatory before finally being taken to the European Court of Justice.
The challenge from the EU surely won’t be a surprise to
Germany, as the EU have been consistent in enforcing cross-border competition
when it comes to services such as online gaming. The EU Internal Market
Commissioner Charlie McCreevy has started proceedings against almost a dozen EU
countries over discriminatory policies regarding gaming or lottery sectors.
Germany and the European Union have clashed before when it
comes to online gambling policy. Last spring a number of German states imposed
regional bans, a move which was challenged and partially repealed by the
Austrian company Bwin.
Any legal challenges made by the EU will be fully supported
by the European Gaming and Betting Association (EGBA), which represents eight
major European online firms and had previously filed a complaint with the
European Commission over the German legislation.
CARSTEIN Frein, head of UK betting company MyLotto24.com, a
subsidiary of German giant Tipp24, suggests Germany's ban on online gambling is
unconstitutional under both German and European Union law.
He has stated: "We consider the state treaty on gambling as clearly illegal and
will take legal action if necessary. Reports by notable constitutional lawyers
such as Professor Bodo Pieroth or Professor Hermes confirm that the treaty
contravenes the German constitution and European law. The European Union and the
German Monopolies Commission have also taken up a clear stance in this sense."
It seems that sixteen German states prohibit online gambling.
Source: http://www.bluffeurope.com/newsDetail.aspx?id=16020 &
http://betting.betfair.com/casino/german-ban-on-online-gambling-unconstitutional-070108.html
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