VG Gera: Gambling Treaty to European law
The 5th Chamber of the Administrative Court of Gera has Judgement of 14 December 2010, the action brought by the Sportwetten Gera Ltd. upheld in substance, and found that the applicant is entitled to exercise the sports betting industry.
The City of Gera had the applicant in September 1990 was issued on the basis of the GDR Commercial Law permission to pursue the sports betting industry. The applicant has been pointed out as the organizer and facilitator of sports betting working in Germany.
Moreover it gives sports betting in other Member States of the European Union. Because of the nationwide exercise their profession in the past, various regulatory prohibitions are adopted - if they were unauthorized public gambling - and several judicial proceedings were pending. In 2008, which came into force Gambling Treaty, which was completed the provinces, as well as arrange the Thuringian gambling law for Lotto, Toto and a state monopoly on sports betting.
may not always be private commercial activities in these areas. The monopoly is primarily with the prevention of the emergence of gambling and betting addiction to populations and to limit the supply of gambling reasons. Tuesday, February 8, 2011
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The Administrative Court has now Gera from the judgment 14 December 2010 held that neither the State Treaty on gaming preclude nor the Thuringian gambling law the exercise of the sports betting industry carried out by the applicant. federal, state prohibitions should not be used.
you violate the higher-ranking eurDienstleistungsfreiheit (Article 56 of the Treaty on the Functioning of the European Union - TFEU -). they could be on all EU citizens rely. Although
should the provision of services by overriding reasons of general interest (eg consumer protection, prevention of disorders of the social order, see Article 62 in conjunction with Article 52 paragraph 1 Treaty) are restricted by national regulations.
had such a limitation but the requirements of the proportionality principle to meet The Court of Justice. should above all the rules in order " consistent and systematic manner
" the goal of the restrictive arrangements (ie to the consumer protection) follow. 
The Administrative Court of Gera has in his judgment 14 December 2010 found that do not meet the State Treaty on gaming and gambling law Thuringian these requirements. For one thing the country go in the state betting monopoly is not actually focus to consumer protection. instead for a traditional source of government revenues are maintained. This reasoning was, according to the relevant EU law but do not justify the intervention. On the other
is not the entire German gambling sector consistently regulated in such a way that the emergence of gambling addiction could be counteracted.
This demonstrates the fact that in the range of machines based gaming to the Industrial Code (Especially recreational room), his professional activities in the private, may the legislature had not yet taken any effective measures to prevent dependencies. This section of the gambling sector as generally believed also to a higher addiction potential than the area of sports betting.
Also, legislators have in horse race betting as a private contractor. Finally, it should be noted that the states it hinnähmen that had expanded in the last decade, the supply of state casinos.
The Administrative Court has approved because of the fundamental importance of the case an appeal against this ruling is not final. On the question of whether private may operate in Germany, sports betting companies nationwide already several court decisions have been issued that have come to different conclusions. Gera Administrative Court, Judgement of 14 December 2010 - 5 K 155/09 Ge
Source: Press release of the VG Gera v. 07.02.2011
http://nachrichten.finanztreff.de/news_news awert, ticker, bwert,, id, 32,859,977, section, overview.html
http://www.kostenlose-urteile.de/VG-Gera-Staatliches-Monopol-fuer-Sportwetten-verstoesst-gegen-EU-Recht.news11073.htm
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