Download some presentations from members of the gaminglaw.eu team.

Thibault Verbiest

“Combating Cybercrime in Betting and Gaming
 Gaming in newly regulated jurisdictions: licensing, compliance and privacy
”

ICE, London, January 24 th2012

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Thibault Verbiest

“ONLINE GAMBLING IN FRANCE
- From legalization to maturation”

Legal Gaming Summit, 23rd January 2012, London

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Justin Franssen

THE NETHERLANDS: Gearing up for a regulated remote gaming market

Legal Gaming Summit, 23rd January 2012, London

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Dr. Wulf Hambach

Germany: Markets within a Market

Legal Gaming Summit, 23rd January 2012, London

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Becky takes us to the 6^th Annual Legal Gaming In Europe Conference highlights at the Millenium Mayfair Hotel in London.

On 20 December 2011 the Dutch Senate approved the legislative proposal regarding the introduction of the Gaming Authority. The new independent regulatory body will be operational as of 1 April 2012.

Frank Tolboom and Justin Franssen, both part of the “Gaming, Sports and Entertainment” practice group, wrote an article on the subject, which has been published in the winter edition of European Gaming Lawyer, issue 1/2012. The article is entitled “Dutch Gaming Authority installed ahead of opening up remote gaming market”. The article will focus on the objectives, structure and enforcement powers of the new regulatory body and the potential implications for both the offline and remote gaming sector.

Please click here (PDF-link) to download the article.
Please click here (PDF-link) to download VMW Taxand’s Gaming, Sports and Entertainment brochure.

For more information, please contact Frank Tolboom at gaming@vmwtaxand.nl

Location: CCD Congress Center Düsseldorf, Germany

Organizer: SpoBis GmbH

More information: http://www.spobis.com/en/programme/

Navigate the new landscape of European gambling laws in a post Green Paper era

Back in its 6th blockbusting year, the Legal Gaming in Europe conference is the must attend event for everyone who is looking to cement their position in existing markets or devising a strategy to enter new markets.

You’ll hear direct from the regulators themselves on legislation in their jurisdiction, from the lawyers fighting infringement cases and operators on their outlook for regulation across Europe and the business challenges they are tackling.

• Determine the value of the Green Paper: With the experts, assess whether the European Commission is on track to establish a harmonised EU-wide framework, and what minimum standards are required at an EU level with respect to consumer protection and preventing fraud
• Conquer opening markets: Understand the ins and outs of the regulatory framework in the EU’s newest opening regulated markets, including Spain, Denmark and Greece, in order to simplify your expansion strategy
• Updates on regulated markets: Ensure your business is in alignment with the latest legal developments and changes to products so you maximize your revenue opportunties
• Leading operator case-studies: Hear from leading operators, including Betfair, Betclic and Betsson, on how they are managing the complexities of multi-jurisdictional licenses; understand what the Green Paper means to them and their approach to new markets
• Full Tilt and Black Friday: Assess the fallout from the Full Tilt situation and the Black Friday scandal with those directly involved in the case. Discover the full impact for the operators involved, the lessons learnt by Regulators and what the long-term implications are for the entire industry

Download the brochure to find out how the experts can help with your 2012 legal strategy

The gambling and gaming industry is undergoing a turbulent period of change – given the current multitude of legal battles, unclear legislation and a distinct lack of harmonization across the industry, the need for legal clarity is evident.

The very nature of online playing has propelled the gambling industry towards a pan-European culture, and the demand for legal transparency is intensifying. The reactions to the European Commission’s recently publicized Green Paper on Online Gambling in the Internal Market are eagerly anticipated, and should shed some light on whether different national regulatory models can realistically co-exist, or whether now is the time to establish a harmonised EU-wide framework.

However the industry is still playing the guessing game as to whether the Green Paper will be soft law or a real directive. The recent situation with Full Tilt has turned a spotlight on the on-going European debate between regulators over how best to guarantee the safety of player’s deposits. And with ambiguity surrounding issues such as state aid rules and access to markets, Regulators and Stakeholders alike are caught up in a minefield of legal battles.

Add to this the significant amount of revenue to be generated in the sector, with the Spanish market estimated to be worth up to €250m and the Greek grey market at around €210m to €260m, is it any wonder the examination over regulation and gambling at the European level is intensifying?

You know assessing and moving into new markets is not a simple process and costly mistakes can be made if you are not fully prepared on legalisation. Keeping up to speed on numerous challenges like security, consumer protection, payment processing, social responsibility is an essential yet frustrating necessity.

Against a backdrop of uncertainty surrounding the Green Paper and cautious plans for new market entry, the Legal Gaming in Europe conference is perfectly timed to arm your business with the legal know how you need to navigate this constantly shifting landscape.

More Information

Information convention on the new regulation and tendering procedure

2011 has seen Germany engulfed by intense political debate as the EU declared its current gambling restrictions, due to expire 31 December, to clearly be in breach of European Law.

The northern most State of Schleswig-Holstein has in the latter part of this year taken its first bold step towards the deregulation of the current system, adopting its own online gambling legislation that has been approved and praised by the European Commission.

In conjunction with the Ministry of Schleswig-Holstein and leading law firms Melchers and Hambach & Hambach, Awedacity is delighted to be hosting a one day forum to discuss the key requirements of the Ordinance which will define each step of the application and technical process needed to be completed before submission to the Ministry.

More Information

This is a free-to-download, 1 hour webinar replay.

The leading industry lawyers will provide you with the information you need when preparing for market entry.

• Discover how the Spanish market is fairing as it implements online gaming and establish what your business should be preparing for
• Explore the latest on New State Treaties and understand how they will impact the German licensing platform
• Understand what opportunities are still available in Italy and why you should still join
• Establish the favourable tax regime is in Belgium and potential criticism from land based licensees, so you know what to expect from the market
• Get the latest updates on blacklisting and financial blocking in the Netherlands

Download your copy for the webinar to get all this information and more!

Speakers:

• Santiago Asensi, Partner, Asensi Abogados, Spain
• Dr. Wulf Hambach, Partner, Hambach & Hambach Law Firm, Germany
• Justin Franssen, Partner, Van Mens & Wisselink N.V.
• Tajana Klaeser, Attorney, ULYS Law Firm, France & Belgium
• Quirino Mancini, Partner, Sinisi Ceschini Mancini & Partners, Italy

Visit the webinar at Bullet Business

by Dr. Wulf Hambach and Dr. Stefan Bolay

On 9 November 2011, the 22 year old German Pius Heinz won the WSOP Main Event in Las Vegas and is now the 2011 Poker World Champion. Press and media celebrate him as a new Boris Becker and compare him with Sebastian Vettel. Pius Heinz himself explained his success with four years of real money online poker experience in Germany. Schleswig-Holstein politician Hans-Joern Arp points out that this shows the absurdity of the past and current gambling regulation in Germany: Pius Heinz became a German hero by doing something that is formally prohibited in Germany (see http://isa-casinos.de/gaming/articles/34372.html).

The following shall show the legal consequences for the gambling regulation in Germany in the year 2012 in case that the other Länder will not approach Schleswig-Holstein’s Gaming Reform Act.

The situation at present

On 14 September 2011, the Schleswig-Holstein parliament passed a liberal regulatory concept for gambling, which will come into force on 01 January 2012. The Glücksspielgesetz, for Schleswig-Holstein (Gaming Reform Act, hereinafter referred to as GRA), ensures the regulation of gambling by means of a prohibition with a licensing option (see section 4 of the GRA).

The core provisions are as follows:

• Private online providers are given the option of applying for a licence for the operation of games of chance. The act permits the operation of online bets and online casino games, in particular poker.
• A limitation to a defined number of licences is not envisaged.
• A tax of 20 per cent on the gross profit will be levied on online games of chance.

On 28 October 2011, the other 15 German Länder (states) agreed in principle on a new Gücksspielstaatsvertrag (Interstate Treaty on Gambling, hereinafter referred to as ITG), which will partially liberalise the gambling market. The plan is to sign a new ITG on 15 December. Whether the intended signing will be possible at that date is, however uncertain: Hesse and Lower Saxony have given their consent subject to the reservation of further examination and, possibly, amendments regarding online casino games.

The core provisions are as follows:

• Only online providers of sports bets will be eligible to apply for a licence. Online providers of casino games, in particular poker providers, will not have the option of obtaining a licence.
• The number of sports betting licences is limited to 20.
• A tax of 5 per cent on the turnover will be levied on online sports bets.

The legal consequences

Should the two different regulatory regimes, the GRA for Schleswig-Holstein on the one hand and a new ITG for the other 15 Länder on the other hand, actually come into force, it will be relatively certain that the regulation of gambling in Germany will be inconsistent from a European law perspective.

From a European law perspective, a restriction of the freedom of services through the ITG going beyond the regulations of the GRA could not be justified. Online casino providers, but also online sports betting providers who will not receive one of the 20 licences under the ITG may invoke their freedom to provide services as guaranteed by European law. If such providers hold a licence from Schleswig-Holstein they can, from a European law perspective, not be banned from online activities in the other 15 German Länder.

This is because the European Court of Justice (ECJ) in the Carmen Media case (C-46/08) of 08 September 2010, made reference to its previous decisions and made it clear that it takes into consideration the entire member state when evaluating the consistency of a regulation which restricts the freedom to provide services. Par. 69 reads as follows:

“As for the fact that the various games of chance concerned are partially within the competence of the Länder and partially within the competence of the federal State, it should be recalled that, according to consistent case-law, a Member State may not rely on provisions, practices or situations of its internal legal order in order to justify non-compliance with its obligations under EU law. The internal allocation of competences within a Member State, such as between central, regional or local authorities, cannot, for example, release that Member State from its obligation to fulfil those obligations (see to that effect, in particular, Case C-417/99 Commission v Spain [2001] ECR I-6015, paragraph  37).”

This means that the German regulation of gambling will be still inconsistent from next year onwards, should the other Länder on 15 December 2011 actually pass a new ITG which provides for stronger restrictions on the freedom of services than the GRA which has already been passed in Schleswig-Holstein.

In the meantime, the gambing supervisory authorities of some Länder have issued initial statements, stating that this interpretation of consistency and the resulting priority of application of EU law do not comply with German constitutional law. This priority of application is said to render invalid large parts of the national legal system as well as the principle of democracy, and would abolish the sovereignty of the Länder, as Schleswig-Holstein would de facto be able to force the other Länder to adopt its gambling regulations.

Whilst it is correct that there may be a certain contradiction between the full effectiveness of Union law, in this case in particular of the freedom to provide services (Art. 56 of the Treaty on the Functioning of the European Union), and the national constitutions, the German Constitutional Court, the BVerfG solved this potential conflict in its “Solange II” decision: The Court decided that legal protection on the European level corresponds to the standards of the German Constitution, so that the Court will not exercise its judicial competence in this respect (BVerfGE 73, p. 339). This statement was made in connection with the examination of legal acts issued directly by the EU bodies, but the Court confirmed in its subsequent “Maastricht judgment” that the membership of the Federal Republic of Germany in the EU, including the transfer of sovereign rights to the European Communities, was admissible, so that – within the framework of Art. 79 (3) of the German Constitution – the principle of democracy does not stand against this either (BVerfGE 89, p. 155).

This means that the criterion of consistency is not to be defined with the objective of the best possible implementation of the principles of the German constitution, but that in cases of doubt regarding the scope of the criterion of consistency, the question of the best possible practical effect of Union law (“effet utile”) must be the deciding motif.

In conclusion, this means that, from next year onwards, the national German regulation of gambling will not comply with the consistency requirement under European law if the other 15 Länder on 15 December 2011 actually pass a new ITG which provides for restrictions of the freedom of services that go beyond those provided for in the GRA which has already been passed in Schleswig-Holstein. From a European law perspective, the further restrictions imposed by the ITG cannot be used against providers holding a licence issued by Schleswig-Holstein.

Resume:

The other 15 Länder besides Schleswig-Holstein are called upon to follow the way of Schleswig-Holstein and implement a consistent and coherent gambling regulation. The EU Commission and the European Court of Justice would be pleased. And also Pius Heinz with the other millions of German online players.

For more information please visit: http://gamingintelligence.com/

The definitive guide to business opportunities and lucrative partnerships being made out of the European convergence between media, sports, telecoms and iGaming.

Some of Europe’s leading gaming and media lawyers – collectively forming Gaminglaw.eu – led this first-of-a-kind two day conference on the convergence of media, sport, telecoms and gaming. It explored the legal implications, commercial opportunities and encourage networking amongst the diverse range of delegates and show how you can profit from the iGaming revolution taking place in your country.

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