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
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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