ZfWG (Summary): Vorrang des Unionsrechts

By Prof. Dr Hans Kudlich and Dr Bernd Berberich, published in ZfWG 2016, 2


The ECJ has clarified that the lack of domestic license to organize gambling must not be a starting point for criminal penalties if the regulatory situation is contrary to EU law and the organizer has a permission from another Member State. Kudlich and Berberich classify the decision into criminal theory and gambling regulatory law and agree to the ECJ. They also ask the questions, whether the statements of the decision can be transferred to administrative sanctions and other disadvantageous decisions and how law enforcement agencies should proceed in cases in which the offence of the regulatory situation against EU law has not yet been determined by the ECJ, but is nearby.

pdfDownload the complete article in German here