Gambling Compliance. ECJ Special Report: A Mandate For German Gambling Reform

January 2011 by Gambling Compliance

Executive Summary

There is consensus that the September 2010 European Court of Justice (ECJ) judgments involving the Carmen Media case1 and the combined cases of Markus Stoß are likely to result in significant changes. This is true, not only in Germany, but also in Europe.

Implications for Germany
While the ECJ has mandated change for the regulation of gambling in Germany, the level of change required to achieve a coherent model is yet to be determined. There is an urgent need to end the legal chaos. However, a political solution may be difficult to find, with views divided along party lines among the country’s 16 federal states or Länder. … Continue Reading

The Engelmann ruling and its implications on Austria

By Attorney-at-law Dr. Arthur Stadler and scientific assistant Nicholas Aquilina from our

Austrian co-operation partner Brandl & Talos law firm.

A year and a day after the European Court of Justice (“ECJ”) had ruled on the Portuguese case C-42/07, Liga Portuguesa and only one day after three judgements in German gaming cases (C-316/07 et al, Markus Stoß et al, C-46/08, Carmen Media and C-409/06, Winner Wetten), the ECJ issued its judgement on the Austrian case for a preliminary ruling C-64/08, Engelmann on 9 September 2010. The Court holds that certain provisions in the Austrian Gaming Act and “the total absence of transparency for the purposes of the grant of the concessions” to the Austrian de-facto monopolist casino operator, Casinos Austria AG (“CASAG”), are contrary to EU law. … Continue Reading

Corruption in Sports: the French position

Corruption[1] in Sports: the French position

by Alexandre Manasterski and Michael Camilleri

Six months after the enactment of the Law on the Opening Up to Competition and Regulation of the French Online Gambling Market, the French Government entered into the second phase of its scheme. This seeks to limit the potential negative consequences of the liberalisation and the risks of corruption in sport by implementing new rules and procedures. How is corruption in sports understood in France? What is the French answer to sports corruption? … Continue Reading

Reform online gambling legislation in the Netherlands?

By Attorney-at-law Justin Franssen and Attorney-at-law Frank Tolboom, VMW Taxand Gaming Practise Group.

Introduction

The legal basis of the Dutch gaming policy can be found in the Dutch Betting and Gaming Act 1964 (hereinafter: “Gaming Act”). The Gaming Act stipulates that offering games of chance or promoting games of chance without a licence is prohibited. The Gaming Act includes an enumeration of the specific games for which a licence can be granted. The only types of licence available are those expressly stated in the Gaming Act and currently does not include remote gambling licences. Therefore, all forms of remote gambling are currently prohibited in the Netherlands.

… Continue Reading

What is the position of German legal science regarding the decisive issues after the ECJ’s judgments of 8 September 2010?

By Attorney-at-law Dr. Stefan Bolay, Hambach & Hambach law firm

An analysis of the following essays: Streinz/Kruis: „Unionsrechtliche Vorgaben und mitgliedstaatliche Gestaltungsspielräume im Bereich des Glücksspielrechts“ (Requirements under union law and discretion of the member states with regard to the design of gambling law) (NJW 2010, 3745 et seq.) and Heine: „Glücksspielstaatsvertrag ade? – Zur Bedeutung der jüngsten EuGH-Rechtsprechung“ (Goodbye to the Inter-State Treaty on Gambling? – On the consequences of the latest ECJ judgments) (NJW-aktuell 41/2010, 16 et seq.)

1. Are the ECJ’s judgments binding for the national courts, meaning that these courts will have to decide that the German gambling monopoly does breach union law? … Continue Reading