Thursday, March 3, 2011

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Hessian Administrative Court refused permission

No Lotto SMS

Lotto-Tip series will not be easily made with a mobile phone via SMS. As on Thursday the Hesse Administrative Court (VGH) in Kassel ruled the country needs to give Hesse for this business idea does not permit. read


press release the Hesse Administrative Court
of 3 March 2011, No: 06/2011
VGH Hessen: No permit for gambling mediation "Lotto SMS"

One is in Frankfurt am Main-based company also failed on appeal to the trial, permit of the Hessian Ministry of the Interior and the first ride for sport for the placement of lottery tip series (6 / 49 with bonus number) from mobile phones via SMS. The 8th Chamber of the Hesse Administrative Court has a judgment delivered today the appointment of the company against an adjudication of the administrative court in Frankfurt rejected on Main and thus rejected in the first place sought a declaration that because the law of the European Court of Justice on German gambling law, the proposed gambling agency now without permission admissible.

The applicant company applied for in December 2007 the Home Office for permission for commercial Gambling mediation "Lotto SMS" in four variants after 1 January 2008 will come into force Gambling Treaty and the rules adopted for its execution Hessian gaming law. The intention is to distribute game cards via SMS as an advertising sponsorship cards or directly by the match agent, either directly or through adoption agencies, such as gas stations or kiosks. In addition, "Lotto SMS" are also offered at vending machines, with an age control, as in cigarette sales should be made by bank card. The Home Office refused

order to grant a permit in June 2008 primarily on the ground, and in none of the proposed Distribution methods are the guarantees enshrined in the State Treaty on gaming youth protection and the need for drug prevention, because if all age controls in the initiation of legal relationships with potential players, were not provided with the game process itself. The sending of SMS successes at any time and from anywhere in complete anonymity, without any social control, which is the protection of minors and prevention of problem gambling does not do justice. Also question the reliability of the applicant company have been expressed, because since 2004, under approval of the then Lottery Treaty and the former Hessian righthand advocated a lottery and they also learn to have been without the requirements for that state have permission.

In this view, the defendant State of Hesse has now been largely confirmed by two courts. The Administrative Court has also that the appointment to the central question considered and denied that the German gambling law in general and particularly the license requirement for the mediation of gambling by the European Court of Justice in September 2010 expressed doubts about the necessity and proportionality of state gambling monopoly be challenged.

Revision , the Administrative Court is not allowed. Less, the applicant company appeal to decide on the Federal Administrative Court in Leipzig would have.

file number: 8 A 2423/09

Brothers-Grimm-Platz 1-3 34117 Kassel ×
Responsible: Judge Hess. VGH Prof. Dr. Lothar Fischer
Tel: (0561) 1007-280 × Fax: (0561) 1007-264
E-mail address: pressestelle@vgh-kassel.justiz.hessen.de
Decisions on consignments: @ VGH decisions -kassel.justiz.hessen.de


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VG Chemnitz - Decision on GST v. 3 March 2011

allows Internet placement of advertising bans lifted lotteries * * No permission Agencies need to

(Hamburg, March 3, 2011) The Internet brokerage of state lotteries does not need permission, it has the administrative court of Chemnitz on 3 Decided in March 2011.

advertising of lottery products is also permitted by this decision.

The action of Tipp24 SE has been granted so full.

The court also rejected the principle of regionalism read
and and

Wednesday, March 2, 2011

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gambling problems common in Germany - slot machines do most addictive

DHS press release, DG addiction and fags of 16 February 2011

results of the project pathological gambling and Epidemiology (PAGE)

Previous data on problematic and pathological gambling in Germany were incomplete. is primarily the choice of respondents, the survey method used and the evaluation strategies was a need for a broad-based population study, the present representative of the extent of the problem and identify beneficial factors. The Gambling Treaty of 1 January 2008, saw that countries ensure the scientific research on the prevention of addiction dangers of gambling. From the available funds could now and a methodologically sound large-scale study will be financed.

The following is selected and some preliminary results are reported by the states under the State Treaty on gaming project funded PAGE. The study conducted by the universities of Greifswald and Lübeck study allowed for the first time for Germany to determine the frequency of problem and pathological gambling over the lifetime. Here, the estimate is made on a high methodological level.

is based on a telephone survey of 14 - to 64-year-old population with fixed telephony, which was attended by 14 022 people. In addition 1,000 people were surveyed, which are only accessible via mobile phone connections, and it people were won over other access routes: media, support groups, inpatient treatment centers, addiction counseling centers, amusement arcades and casinos, debt counselors and probation facilities. In this way, so far 575 people have been found with gambling problems and in a lengthy interview interviewed personally.

first Over 4 million people with gambling problems

72% of telephone respondents over the life of one day at least once operated gambling. In the presence of 50-10 criteria after the approved diagnostic system DSM-IV is known as pathological gambling (that is addictive behavior). Problematic Gambling is defined differently in the literature (1 to 4 criteria or 3 to 4 criteria). For the presentation, we divide into: "Problematic gambling with 1 to 2 criteria were met" (light form) and "problematic gambling with 3 to 4 criteria were met" (strong form).

Based on the fixed telephone sample shows that 0.9% of the 14 - to 64 - year-old West German population in the course of life meet with 5 or more diagnostic criteria for diagnosing the condition Pathological gambling. Furthermore, the estimates revealed that in addition 1.4% problematic gambling with 3-4 criteria throughout life fulfilled and 5.3% with 1-2 criteria. Extrapolated, the following figures for the population in the group of 14 to 64 year olds:

- 480 557 Pathological gamblers,
- 756 919 Problematic players with three or four criteria were met and
- 2,925,996 people, the one or two criteria for have problematic gambling

fulfilled in the life course. It found significantly higher rates in males, younger persons, persons with lower educational status, people with migration experience or background and the unemployed. Sum thus the rates of pathological gambling

- 3.3% unemployment
- 1.8% in persons with immigrant backgrounds and
- 2.7% in the group of 14 - to 30-year-old men.

31% of respondents who met over the life of the criteria for pathological gambling, were in the past 12 months abstinent and 54% reported playing more than 10 rounds. Among respondents with pathological gambling reported 41% that in the last 12 months at least one symptom persisted, and thus the problem is still current.

For Germany it is considered by a growing group of people in the population that is not accessible via a fixed telephone line. On the basis of 752 interviews had been held in this group shows that the lifetime prevalence of pathological gambling in this sample about three times and statistical control of age and sex increased approximately twofold. Subject to final analysis it is expected that the above population estimate should be increased substantially based on the fixed telephone sample by including the mobile sample. Based on the present figures could increase by about 0.1% would be expected, so that a lifetime prevalence resulting from a total of 1.0% for pathological gambling. Here are, however, no definitive findings.

second Slot machines: Risk Addiction number 1

Various gambling services were examined for their risk to receive a lifetime diagnosis of pathological gambling. With participation of more than ten days in the life was the opportunity to develop a dependency increase for:

- Oddset (German Toto and Lotto block)
- Horse Betting
- other sports betting
- Poker
- the so-called big and small game in
Casino - gaming machines in amusement arcades or restaurants and
- private or illegal gambling.

Considering that operate most of the gamblers more forms of gambling, the risk remained for participation consist of Oddset (German Toto and Lotto Block), other sports betting, the little game in the casino, poker and gaming machines in amusement arcades and restaurants. The most obvious connection between game shape and the presence of diagnostic pathological gambling is for people who had played on gaming machines in amusement arcades or restaurants or farms the Little Game in the Casino took part. For users of these services is found, compared with the other respondents, one each by a factor of 5.7 greater chance for the diagnosis of pathological gambling.

From the standpoint of pathological gamblers who gamble the most to shape development of the problem has contributed, among other things called

- 50.4%
slot machines - 14% of the small game in the casino
- 10.3% of the Great Game
- 8.3% and
Poker - Oddset 6%.

third Support system must be developed must have

estimates based on the fixed telephone sample had about three quarters of people with pathological gambling in terms of game problems no contact with the Help system. Regarding the problem gamblers shows a marginal contact rate of 5% (at 3-4 criteria) and 1% (at 1-2 criteria). There is thus a serious shortage of people with pathological gambling and a lack of early interventions likely for people with problem gambling.

The PAGE study provides an excellent basis for a wealth of further and deeper analysis, which will take place in the future.
Contact: PD Dr. Hans-Jürgen
hull
Department of Psychiatry and Psychotherapy, University of Lübeck Ratzeburger Allee
160, 23538 Lübeck Tel
0451 5002871 Fax 0451 5003480

source

Service for gambling BBZ Niebüll
self-help in dealing with the addiction
read

legal effects of a self-lock at casinos
by lawyer Dr. Martin Bahr
first Introduction:
A significant number of people suffering from pathological gambling. The German casinos are selling the possibility that a player itself excludes the possibility of gambling away more money. He may apply to the casino a so-called self-lock.
read

to gambling addiction

For a fair assessment of the social harm of gambling addiction, however, the comparison with the dimensions of other addictions such as alcoholism or of nicotine addiction necessary, and here to set down a below average risk. Thus one goes by generally accessible sources in Germany currently has around 1.6 million people that have to be referred to as acute alcohol-dependent, and to some 42,000 deaths, which calls for alcoholism annually. The nicotine addiction affects 3.8 million tobacco-related (at about 16.5 million smokers in total) and about 140,000 deaths caused each year. In addition there are 1.8 million drug addicts and 0.38 million Canabisabhängige, as well as many other forms, but the extent and the mortality exceeds the addiction problem gambling in the area many times.

This must Legislators also leave the consumer a minimum level of personal responsibility, as he makes his free time and what do with his money. It is important that this happens socially acceptable. At least as important but also the clarification of the question is what is not spent, that money saved. Can the banking and insurance counseling for gambling? The BMELV study shows that produced annually 20 to 30 billion euro financial loss due to incorrect financial advice . (Para 30)

Given this direct financial losses, the need preventive criminal Lichen right against self-harm by gambling, the , corresponds to the granting of a concession immediately , which in practice has hardly meet these dangers, rather hypocritical. (See Fischer, § 284, para 2)
If someone is playing, he knows that he can lose. If anyone would like to put his money for later, then he just wants to secure its future - that is the significant difference.

At this point it is clear that substance abuse has to justify the state monopoly significant consistency problems.

North Rhine-Westphalia called for the approval of the so-called Euro jackpot, then the future would be a grand prize of up to 90 million € possible. The article can also be seen that the authority will thus give the state gambling as a new thrust. The lottery companies expect this additional revenue of 590 million € annually. read

The competent authority of the Gaming Board Lottery Trust mbH Hessen (Lotto Hessen) the authorization granted to the e-mail letter in Hessen online offer the Lotto game. (Since 14/07/2010: www.lotto-hessen.de) The advisory board sees gambling addiction be applied not only in violation of the ban on the Internet event to § 4 para 4 GST, but also confirms that the addictive potential of this offer significantly increases. (K & R 11 / 2010 p. 713) see VG Wiesbaden

This practice, the exposure of jackpots to 90 million € and the approval of the e-mail letter shows that the authorities of the countries against the claim of the Federal Constitutional Court gambling does not reduce drug dependence, but tolerate the purposes of the fiscal interests of the countries even expansion of gambling as before the 03/28/2006.

in which the state's own "independent" regulators of their duty to guarantee not to comply and not be able to comply with the consistency of the subsidiaries controlled by the states lottery companies to ensure they are not suitable means to ensure the achievement of the asserted objective of gambling addiction, as many of the supervisory authorities do not pursue legal violations , prove it. see ECJ v.08.09.2010; BVerwG v. 24.11.10; LG Mü. I ; BGH v. 16th 12:10


680 million €: Tourism and the state Casino Winners
Vienna, Innsbruck - With twelve casinos in Austria (of which with Innsbruck, Seefeld in Tirol and Kitzbühel three) and 63 abroad, the casinos AG also very active international gaming group. The Industrial Scientific Institute (IWI) has commissioned a study of the effects of casinos in Austria under the microscope. Therefore solve the casinos of total economic effects of a total of 679.4 million €. read

Business with the happiness - The state is the biggest winner of gambling: he collects more than one billion euros. Local authorities can set the level of self-amusement. Why the policy is not consistent against slot machines? Since the state so a lot of money. In 2005, the legal requirements have been relaxed even once specifically to the game to rekindle the flame. read


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VG Arnsberg - Case of 09 February 2011

Betting Agencies: conditional permission violates higher-ranking law

- Law of Administrative Court Arnsberg to the Judgement of 09 February 2011 -

The Administrative Court Arnsberg in the firm KARTAL Legal proceedings conducted by order of 09 February 2011 (Ref. 1 K 2979/07) held that the prohibition of the organization, operation and provision of sports betting by private operators not to the failure to meet the licensing requirements and thus be based on § 9 para 1 sentence 3 No. 3 GST can .

means literally it: "For the standardized permit requirement violates higher-ranking law and notably the right of establishment and freedom to provide services under Article 49 and 56 of the Treaty on the Functioning of the European Union - TFEU - (formerly Articles 43 and 49 EC) is not compatible" ( p.5).

The court reached this decision because of the required synopsis of the State Treaty on gaming, and in the Land of North Rhine-Westphalia state treaty on gambling standardized rules of the North Rhine-Westphalia state sports betting monopoly of state broadcasters. These rules include in particular the possibility of sports betting exchange by private providers of which have received a permit for such activity in another Member State of the European Union.

In support of the illegality of the state sports betting monopoly leads the Court to the lack of coherence and refers to the judgments of the ECJ of 8 September 2010, Case C-316/07 and others (including shock). This legal opinion supported the Chamber with detailed representations of the actual "expansion" (p. 12) of the offer in the field of gaming machines (p. 8 et seq.)

then criticized the court, the official intervention despite the lack of opportunity as a private mediator in North Rhine-Westphalia conformity with European law permission to carry out procedures for organizing and arranging of sports betting to (p. 16). Thus, the private agents, no general unreliability and lack Erlaubniswürdigkeit could not because of a completed application, be assumed and relied on a license or under a provision of Internet and Play (p. 17).

The decision of the Administrative Court Arnsberg is finally in line with the currently announced reasons for the decision of the Federal Administrative Court of the judgments of 24 November 2010. The court stated: "The notion that failure to meet the permit requirement as a prohibition order taken individually does not justify, is apparently also the judgments of the Federal Administrative Court (...) - 14:09 8 C and 8 C 15.09 - based. Although the Federal Administrative Court has in the grounds of argument on that is not explicitly position. Otherwise, the Federal Administrative Court, the things would not have to refer back to the appellate court, but would have been complaints, as in the process 8 C 13:09 happened -. Must reject "(p. 16)

considered a result, the Administrative Court Arnsberg comprehensive and the primacy of Union law while the above-mentioned decisions of the ECJ and the Federal Administrative Court. Only this decision upholds the rule of law and prevents a full governmental interference with the freedom to provide services as a result of an arbitrary application-preserving reduction of the rules of the State Treaty on gaming.

Contact:
KARTAL Legal

lawyer Damir Böhm
Friedenstr. 36 (corner Jöllenbecker St.)
D - 33602 Bielefeld