iGB: A new dawn in Germany

Dr. Wulf Hambach and Maximilian Riege of Hambach and Hambach explore the dawn of a new age for online gambling in Germany as Brussels looks at the country’s gaming law landscape

For several months, gaming law experts have looked nervously to Brussels, awaiting its decision concerning Germany’s new Interstate Treaty. The ‘E-15 Draft’ was signed by the 15 federal states in December 2011, subject to a “concluding positive statement from the EU Commission".

Accordingly, the pressure imposed by the E-15 representatives during their numerous trips to Brussels had been signifi cant. However, the EU Commission was unimpressed and declared in its new statement: “On the basis of the information provided by the German authorities, the Commission services are not yet in a position to assess the extent of the problems identified or the suitability and proportionality of the measure proposed.”

The accusation that the gaming regulation lacks scientific foundation is the leitmotif of the Commission letter. At numerous points, Brussels criticises that the assumptions made by the 15 federal states cannot be verifi ed due to the absence of scientifi c surveys on the alleged tisks and economic considerations. These facts are required by the European Court of Justice.

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