Tipp24 Plots German Comeback After ECJ Shake Up

14 Sep, 2010 published on GamblingCompliance by Daniel Macadam

Private lottery operator Tipp24 plans to resume its formerly outlawed German business in the wake of Europe’s top court ruling last week against Germany’s state lottery and sports betting monopolies.

Prosecutions against Tipp24, and other private operators, for breaking the country’s prohibitive Interstate Treaty are now on hold as gaming authorities wait for the national courts to decide how the ECJ rulings will be applied.

The ECJ’s judgments on Wednesday plunged the German gambling market into legal chaos, as they found that Germany’s regulations did not limit games of chance in a consistent and systematic manner.

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Press release: 9 September 2010: ECJ Judgement in the Carmen Media case (represented by Hambach & Hambach Law Firm):

9 September 2010: ECJ Judgement in the Carmen Media case (represented by Hambach & Hambach Law Firm):

Gücksspielstaatsvertrag (German Interstate Treaty on Gambling) violates Union law – Schleswig-Holstein’s model now trend-setting

After the ECJ’s decision in case C-46/08 Carmen Media, the German gambling monopoly has come to an end. In its decision given today, the ECJ makes it clear that the Verwaltungsgericht (Administrative Court) of Schleswig, in its resolution of 30 January 2008 referring the case for a preliminary ruling, correctly reached the conclusion that the German gambling regulation is not in compliance with Union law (see press release dated 31 January 2008 http://www.timelaw.de/ cms/front_content.php?idcat=7&idart=52&lang=1 ). The chief judge at the VG Schleswig, during the hearing on 30 January 2008, already expressed her view of the legal situation that a state gambling monopoly could only be justified with the objectives of combating gambling addiction if all legal regulations and actual measures taken by a Member state in the entire gambling market, rather than merely the provisions on which the monopoly on sports betting and lotteries is based, are made subject to examination with regard to whether restrictions on games are systematic and consistent. As a logical conclusion, the Verwaltungsgericht of Schleswig referred, among other issues, this question of consistency to the ECJ. … Continue Reading

Taxation of poker in Europe

For poker players the profits, and regrettably also the losses, can quickly mount up. The game is played with high frequency at casinos and on poker sites and the stakes are often very high. The game generates vast flows of money in the directions of both winners and operators, and Governments across Europe have been swift to tax these monies, regardless sometimes of whether the game is marketed through legal channels. In the majority of instances tax is imposed solely on the profits realized by the gaming operator, with a distinction being made between forms of poker whereby an operator also participates in the game, or merely facilitates the game for others. However, in a number of instances the player is also required to declare game winnings for tax purposes. This article takes a comparative look at the tax treatment of poker in England, the Netherlands, Germany, Belgium and Malta. In doing so, we have differentiated between remote (internet) poker and live-tournament poker and, in the case of each specific country, we also outline who is defined as taxpayer, the type of tax liability involved and the taxable rates applicable. … Continue Reading

The ECJ upheld its case law regarding online gambling services: towards 27 national gambling legislations?

The ECJ held in Otto Sjoberg and Anders Gerdin v. Swedish State (joint cases C-447/08 and C-448/08, July 8, 2010) that Swedish legislation which prohibits the promotion of online gambling organized by private operators in other Member States for profit is consistent with EU law. However, EU law precludes national legislation which penalizes the promotion of gambling organized in Sweden without a license differently from that of gambling organized outside Sweden.

In the above-mentioned rulings, the ECJ observed, thereby upholding its earlier case law regarding online gambling services (e.g. Santa Casa, Ladbrokes and Sporting Exchange), that EU law allows restrictions justified, among other things, on grounds of public policy, public security or public health. … Continue Reading

EU financed project assists the amendment of gambling legislation in Moldova

14 June, 2010, Chisinau, Moldova

A new online gambling law is being prepared by the Ministry of Economy with the assistance of the EU financed project “Support for the implementation of bilateral agreements between Moldova and European Union”.

The project’s support, provided in collaboration with Dr. Michael Hettich and Dr Wulf Hambach -of Hambach & Hambach law firm (Germany), was requested by the Moldovan Ministry of Economy in order to finalise the newly prepared Gambling Law. The new drafted Law will replace most existing gambling legislation, intending to put in place an improved, more comprehensive structure of gambling regulation.

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