Tears of joy

By Attorney-at-law Dr. Wulf Hambach, Hambach & Hambach law firm, published in SPONSORs 10/2010, p. 68

When I, together with my colleagues at the law firm, submitted an application to the Ministry of Finance in Schleswig-Holstein in 2006, intending to obtain access to the sports betting market in this state for the Gibraltarian online gaming provider Carmen Media Ltd., we obviously were aware of the following: First, we overthrow the German betting monopoly before the ECJ, and then our client can enter the German betting market. But all jokes aside: getting to Luxembourg with this case, and to even win it in the end, was about as likely as making a top Bundesliga side out of a village football team.

At least up to now. After the ECJ judgment of 8 September, the 16 Minister Presidents will probably have lost interest in a monopoly solution. This should now have cleared the way for the elimination of the ban on organising and advertising EU licenced online games of chance. … Continue Reading

Gambling Compliance. ECJ Special Report: A Mandate For German Gambling Reform

January 2011 by Gambling Compliance

Executive Summary

There is consensus that the September 2010 European Court of Justice (ECJ) judgments involving the Carmen Media case1 and the combined cases of Markus Stoß are likely to result in significant changes. This is true, not only in Germany, but also in Europe.

Implications for Germany
While the ECJ has mandated change for the regulation of gambling in Germany, the level of change required to achieve a coherent model is yet to be determined. There is an urgent need to end the legal chaos. However, a political solution may be difficult to find, with views divided along party lines among the country’s 16 federal states or Länder. … Continue Reading

The Engelmann ruling and its implications on Austria

By Attorney-at-law Dr. Arthur Stadler and scientific assistant Nicholas Aquilina from our

Austrian co-operation partner Brandl & Talos law firm.

A year and a day after the European Court of Justice (“ECJ”) had ruled on the Portuguese case C-42/07, Liga Portuguesa and only one day after three judgements in German gaming cases (C-316/07 et al, Markus Stoß et al, C-46/08, Carmen Media and C-409/06, Winner Wetten), the ECJ issued its judgement on the Austrian case for a preliminary ruling C-64/08, Engelmann on 9 September 2010. The Court holds that certain provisions in the Austrian Gaming Act and “the total absence of transparency for the purposes of the grant of the concessions” to the Austrian de-facto monopolist casino operator, Casinos Austria AG (“CASAG”), are contrary to EU law. … Continue Reading

Corruption in Sports: the French position

Corruption[1] in Sports: the French position

by Alexandre Manasterski and Michael Camilleri

Six months after the enactment of the Law on the Opening Up to Competition and Regulation of the French Online Gambling Market, the French Government entered into the second phase of its scheme. This seeks to limit the potential negative consequences of the liberalisation and the risks of corruption in sport by implementing new rules and procedures. How is corruption in sports understood in France? What is the French answer to sports corruption? … Continue Reading

Reform online gambling legislation in the Netherlands?

By Attorney-at-law Justin Franssen and Attorney-at-law Frank Tolboom, VMW Taxand Gaming Practise Group.

Introduction

The legal basis of the Dutch gaming policy can be found in the Dutch Betting and Gaming Act 1964 (hereinafter: “Gaming Act”). The Gaming Act stipulates that offering games of chance or promoting games of chance without a licence is prohibited. The Gaming Act includes an enumeration of the specific games for which a licence can be granted. The only types of licence available are those expressly stated in the Gaming Act and currently does not include remote gambling licences. Therefore, all forms of remote gambling are currently prohibited in the Netherlands.

… Continue Reading