The EU Advocate General has rules that German laws with regard to online gambling will need to be consistent with EU law.
Advocate General Yves Bot was asked by the Court of Cologne to rule on a dispute between Winner Wetten GmbH and authorities wanting to close the operator down pursuant to local laws restricting online gambling services. Specifically at issue, was whether local laws could be effective even though inconsistent with the EU Treaty's freedom to provide services provisions as interpreted in the Gambelli case.
Bot's opinion, which is not binding on the European Court of Justice but rarely overturned, was that the principles of the EU Treaty applied to the gaming sector as it did others, and national laws could not be applied that were inconsistent with this law.
He went on to say that where local laws allowed for monopoly gambling operations but restricted other operators citing problem gambling prevention as a justification, then a lack of consistent and systematic protection existed and the '...legislation is itself inappropriate for the protection of consumers.'
The Advocate General's ruling has been celebrated by the EGBA, described by Secretary General Sigrid Ligne as 'crucial for developments in Germany. The AG has made clear that EU law prevails and that unjustified restrictions are not admissible even for a transitional period. Today’s opinion will further fuel the current political debate on online gaming in Germany'.
Never a dull moment in the world of online gambling.
Subscribe to feed