Federal Administrative Court has de facto ban on advertising for the German Lotto and Toto Block
- Federal Administrative Court: If gambling monopoly is motivated by substance abuse is, sympathy and image advertising of the lottery block prohibited - Cohesion of the total German gambling law must be examined
- State lottery companies will suffer through stricter advertising bans further dramatic drop in sales Hamburg, 10 February 2010 - It is a bitter blow from Leipzig for the advocates of the "common good state contract model": a gambling monopoly, which the German Lotto and Toto Block (DTLB) sympathy and image advertising ("doing lottery good") is made possible, according to the Federal Administrative Court ( Federal Administrative Court) European law.
has established the Federal Administrative Court yesterday a fundamental decision on German gambling law (8 BVerwG C.15.09). Already on the 24th
November 2010 it had ruled that the ban private gambling promoter only be justified, if the legislature of the State Treaty on Gambling (GST) of the selected destination gambling addiction is pursued effectively and legally coherent, and remanded the case for a new enlightenment to the lower court. enlighten must now the Bavarian court, whether the goal of substance abuse in the German gambling law actually consistently pursued or whether it is not by liberal regimes in other, more dangerous gambling sectors - is undermined - particularly in the casinos, horse betting and machines.
After the court's opinion published yesterday, it is also the advertising of Lotto and lotteries are taken into account. After the verdict is an inconsistency - with the result of an unconstitutional and European law - already applies when advertising for gambling both positive content (image or sympathy advertising) transported and so is likely to provoke a gamble, regardless of whether it intends or not. References to the "good purposes" of the monopolized gambling is incompatible with such a law concept. The Federal Administrative Court leaves no doubt that the monopolists have to stop their current advertising practice they do not jeopardize their monopoly: "If the shareholders of unlawful advertising practice of the monopoly carrier already the constitutional justification for the invasion of professional choice, without mattered that the presence of further breaches of the requirement for a consistent orientation to the goal of substance abuse. "prohibited to the state block companies" all promotional activities, the betting is not from one to the determined average recipient of the message to be understood as a motivation for betting are. Incompatible with the current monopoly grounds, according to Federal Administrative Court, the idea of a donation by playing "is. In the same breath, discards the highest German administrative court and the obvious objections to the monopoly of defense, "Simultaneous references in the betting risk and the dangers of . Can betting to make a sufficient counterweight "
At these scales the courtship behavior of lottery companies and the GST fail total advertising Betting shops in the current monopoly system is then ruled out in practice. Allowed is still the" reference to a legal way, an existing decision to bet implement.
left open the court that the gambling law is aimed at all consistent to the goal of substance abuse. This could not decide as a court of appeal. The findings of the Bavarian Administrative Court just is not enough. should precede the application of the prohibitions of the GST of Bayerische VGH clarify to whether the advertising practices of lotteries generally meet these requirements. He would have to clarify whether in the field of dangerous gambling such as horse betting, casinos and machines a consistent substance abuse is operated. Coherence is not to accept more after the decisions of the European Court, if the expansion will run other types of gambling or condoned by the state. advertising restrictions have brought the state lottery companies in recent months a lush fall in sales. Overall, it will take until the end of this year as a result of the GST around six billion euros less. And, although it so far had repeatedly ignored the prohibition and advertised such as the use of lottery money for a good cause. Now threaten the lottery companies even higher loss, and other interventions in the distribution by the adoption agencies.
The Federal Administrative Court calls namely, the Lottery also an active drug prevention, which goes beyond the holding of information and a "supply-immanent awareness, early detection and promote the motivation to change behavior, such as the possibility of self-Lock provides. 
According to the decisions of the European Court of 8 September 2010 Thus, the Federal Administrative Court has now ruled that regulations already if they object to the tracking of drug dependence and a de facto tolerated expansion of gambling led to inconsistency and illegality Union would lead. The German Lottery Association (DLV) is appealing to the Prime Minister, the discussion in March on the future of the State Treaty on Gaming, say goodbye to the lotteries of substance abuse as a major justification for the monopoly lottery event. establish
The legislative approach, the lottery monopoly event with the substance abuse and align thereto in form and secure do is the current Supreme Court ruling finally failed. The rules on lotteries such as Lotto and lotteries class can be with the central control approach is no longer maintained. By the addiction argument "necessarily following restrictions, as she has raised the federal administrative court to ban the previous sales of state lottery as a harmless pastime for the promotion of good purposes.
The central argument addiction is a dead end with lotteries. A recent scientific study shows empirically that there is no lottery addiction. The study by Prof. Dr. Heino Stöver (Director of the Institute for Addiction Research at the University of Applied Sciences, Frankfurt / Main) has recently been created during a survey of the Administrative Court hall. The court had asked about 100 drug clinics, and all courts in support of the Federal Republic of Germany on the importance of gambling-lotteries such as Lotto 6aus49. "There are other reasons such as fraud and manipulation, threats, secure the event the lottery monopoly, while allowing the sale of lotteries in the competition," said Norman Faber, President of the DLV.
This was not only constitutional and European law, but also economically and fiscally appraised. According to a recent study by the University of Hanover countries could be alone with their lotteries additional net revenue of at least ten billion euros by 2016 to generate (2.8 billion euros annually from 2016 net). Also popular sports, welfare and culture are likely to breathe again. For-profit projects have the states then annually up to € 1 billion more in the lottery pot. With the current decline in sales as a result of the GST, however the countries are currently around 400 million euros less funding available.
Extrapolated to the annual turnover adds up the negative more than 1 billion €, which means 400 million euros less funding for sports, welfare and culture.
Press German lottery association Tel: 040 / 89 00 39 69
info@deutscherlottoverband.de
The legislative approach, the lottery monopoly event with the substance abuse and align thereto in form and secure do is the current Supreme Court ruling finally failed. The rules on lotteries such as Lotto and lotteries class can be with the central control approach is no longer maintained. By the addiction argument "necessarily following restrictions, as she has raised the federal administrative court to ban the previous sales of state lottery as a harmless pastime for the promotion of good purposes.
The central argument addiction is a dead end with lotteries. A recent scientific study shows empirically that there is no lottery addiction. The study by Prof. Dr. Heino Stöver (Director of the Institute for Addiction Research at the University of Applied Sciences, Frankfurt / Main) has recently been created during a survey of the Administrative Court hall. The court had asked about 100 drug clinics, and all courts in support of the Federal Republic of Germany on the importance of gambling-lotteries such as Lotto 6aus49. "There are other reasons such as fraud and manipulation, threats, secure the event the lottery monopoly, while allowing the sale of lotteries in the competition," said Norman Faber, President of the DLV.
This was not only constitutional and European law, but also economically and fiscally appraised. According to a recent study by the University of Hanover countries could be alone with their lotteries additional net revenue of at least ten billion euros by 2016 to generate (2.8 billion euros annually from 2016 net). Also popular sports, welfare and culture are likely to breathe again. For-profit projects have the states then annually up to € 1 billion more in the lottery pot. With the current decline in sales as a result of the GST, however the countries are currently around 400 million euros less funding available.
Extrapolated to the annual turnover adds up the negative more than 1 billion €, which means 400 million euros less funding for sports, welfare and culture.
Press German lottery association Tel: 040 / 89 00 39 69
info@deutscherlottoverband.de
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