Focus Europe, Germany: On-line flutters
Germany and its federal states have so far adopted an almost puritanical approach to on-line gambling, but, reports Wulf Hambach, pressure is building for legislative reform.
The Interstate Treaty on Gambling (ITG), which came into force at the beginning of January 2008, forms the centre of Germany’s gaming legislation, and has been the trigger for hundreds if not thousands of court cases causing divergent decisions.
The treaty aims at the continuation of the state’s monopoly and a general prohibition of the brokering of on-line games by 2011. To implement this prohibition, the treaty also provides for the issue of suspension orders to German internet service providers.
After having received the draft of the new state treaty, the European Commission started the notification procedure. In March 2007, the EU Commission issued an opinion against Germany in which it determined that the prohibition of the on-line operation and brokerage of gaming was not in compliance with the freedom of services according to Article 49 of the EC treaty. … Continue Reading