Things aren’t much better in Germany, as evidenced by this legal opinion regarding Germany’s gambling laws by Advocate-General Maciej Szpunar of the European Court of Justice.
Following a similar ruling of the Higher Administrative Court in Hesse of 16 October, Szpunar finds that Germany’s gaming legislation should be (but isn’t) transparent, non-discriminatory and compliant with EU law.
European Gaming and Betting Association general secretary Maarten Haijer said Thursday:
“The recent developments confirm what has been all too obvious for too long: the German online gambling legislation is in conflict with EU law. It is disappointing that Germany considers EU obligations inapplicable to its legislation. Only decisive action is left to push Germany to change its ways. The Commission must now prove it is prepared to take legal action, irrespective of the size of the Member State.”
The finding of Advocate-General Szpunar could also have implications for the Netherlands. Last May at a hearing in the Dutch House of Representatives, the European Commission already issued a warning that it could take action if the Netherlands would fail to make its gambling legislation compliant with EU regulations. Szpunar’s latest opinion has only increased the chance that the European Commission will take action against countries who fail to bring their gaming regimes in line with applicable European rules.
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