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VG Stuttgart, Judgement of 14/02/2011 - Turk is allowed to continue betting convey

A Turkish citizen is allowed to provide betting. After his action, the Administrative Court against Stuttgart, Baden-Wuerttemberg, which would prohibit the man's business means available. The European Union was right here Priority, it said in the grounds, according to announcement of the Administrative Court on Monday. The protection of freedom of services extends his perspective on agents that do not come from the EU. read


VG Stuttgart: actions for prohibiting the provision of sports betting successful - national sports betting monopoly to European law read is

Decisions of the Administrative Court of Stuttgart, that bans can not be based on the permission of title read

the VG Stuttgart, in the main things about the referred to the ECJ preliminary ruling in favor of private sports betting intermediary decided

administrative court in Stuttgart read: ban private betting agency also to non-citizens unlawfully
Date: 28.02.2011

Abstract: PRESS RELEASE dated 02/28/2011

This has the 4. Appeal of the Administrative Court of Stuttgart with judgment 14 February 2011 and decided to uphold the appeal by a Turkish citizen against the government Bureau of Karlsruhe Baden-Württemberg represented country because of prohibition of the provision of sports betting and the court has a prohibition order repealed (Az: 4 K 4482/10, see also press releases of the Administrative Tribunal of 10.12 and 17.12.2010.).

The 4th Chamber has considered the prohibition order for violation of the service or freedom is incompatible with the primacy of European Union law. Here, the scope of freedom of services extended to the prohibition orders from intermediaries from third countries (non EU citizens), although these were not the personal scope of freedom of services covered. This interpretation is necessary to damage the (active or passive) service clearance between the contracting parties of the Betting, typically Union citizens are to effectively prevent.
a prohibition order against only non-EU citizens is also a misuse of powers, as, given the large number of sports betting exchanges by EU nationals who might not be prohibited to combat gambling addiction is inappropriate.

The appeal against the sentence was authorized. The appeal to the Administrative Court of Baden-Württemberg may be appealed within one month of delivery of the verdict . are
source


The principle of equality domestic equate provider providers from other Member States. On European law, the Senate insisted on 11.08.2005 in Karlsruhe, as the freedom of occupation affect across countries, the European legal considerations in the decision were to be felled to be considered. Another assessment would be contrary to the "detour" of Article 3 GG (equality principle) against the so-called arbitrary bid. source same results from the Community fundamental rights (see Chapter III equality, Article 20 ff Charter of Fundamental Rights )

requirement of national treatment (see Kluth: Calließ / Ruffert, Art 50 para 36) The rules must be applicable without distinction, ie, they apply in the same manner and with the same criteria for Germany-based economy and to those from other Member States (ECJ Gambelli Rn 70;. Sua Art . 9 EUV equality, citizenship)

The range of fundamental rights under the Charter not immediately obvious. This is regarding the granting of property rights in part of the German Basic Law also . Their limits resulting from the European Convention on Human Rights, referred to is. Source

protection of fundamental rights in the EU after the Treaty of Lisbon. German Bundestag, Research, Analysis 8 / 08 of 20 February 2008. more