Gambling Law

Decision of VG Wiesbaden (Administrative Court Wiesbaden) of 12/08/2010, file number: 5 L 142/10.WI

Public gambling is not allowed in Germany without the competent authority’s permission. Since poker is to be considered as gambling in accordance with the majority view, the organizing of chargeable poker games on the Internet is forbidden and falls within the scope of the gambling treaty and the gambling laws of the country. The parties concerned should decide the corresponding prohibition order in detail. 

Judgement of KG Berlin (Superior Court of Justice Berlin) of 12/08/2009, file number: 24 U 40/09

The claim of a Dutch gambling supplier according to the Gambling Treaty is not legal abusive, even if he does not accept these regulations on his own business activity. There is no possibility to refuse a claim against unfair competition infringement if this comes from a private supplier. There is no agreement about judicial examination of commercial methods of the state chosen supplier.

Judgement of VG Hannover (Administrative Court Hannover) of 17/06/2009, file number: 11 A 4402/07

In newspapers printed coupons which allow a free game in a slot machine, infringes against the gambling ordinance. They should lure new customers to the slot machines and to bind them for long periods of time to the amusement arcades. This disowns against the § 9 paragraph 2 SpielV (Gambling Ordinance) which purpose is to protect the players towards the gambling incentives which are increased through advertisement.

Judgement of OLG Koblenz (HRC Koblenz) of 06/05/2009, file number: 9 U 117/09

According to the gambling treaty, the state lottery companies are not allowed to advertise with a potential grand prize, known as “Jackpot”, without pointing at the same time to the statistical probability of the profit or the loss in gambling. These duties of information should clear up the customer about the risk and reduce the danger of habit formation. Advertising without specifications offends against market code of behaviour and is unfair, therefore, anticompetitive.

Judgement of VG Düsseldorf (Administrative Court Dusseldorf) of 18/05/2009, file number: 27 L 9/09

Authorities of a federal state are not allowed, in case of an offence to the gambling treaty, to disconnect the domains of the corresponding web sites. Federal states are basically limited in their administrational rights after the state principle. The disconnection of a site leads to the worldwide unattainability. In this case, the competence of the regional authorities is trespassed; therefore, the disconnection order is illegal.

Judgement of LG Bochum (Regional Court Bochum) of 15/05/2008, file number: 14 O 61/08

When an approval clause is so formulated that within the storage and transmission of dates these are held for future telephonic application, such anticipated approval is inadmissible in the general terms and conditions. Therefore, the use of the storage data is to be valued for advertising phone calls as an unacceptable annoyance, provided that the explicit approval of that clause has not been given.

Decision of OVG Lüneburg (Higher Administrative Court Lüneburg) of 12/09/2008, file number: 11 ME 476/07

The equipment of lottery offers on customer service terminals of savings banks is not allowed. Such an offer is a supplement of the distribution channel. By the introduction, the effects on the population must be examined and they must have been valued and the gambling treaty must be kept. The expansion of the availability on the customer service terminals contradicts the default that the bet possibility may not exist everywhere.