ZfWG: VG München: Unionsrechtswidriges Lotteriemonopol – Zeit zum Umdenken!
Dr Bernd Berberich, Hambach & Hambach, published in ZfWG01/2018, p. 61 ff.
Summary of the German article “VG München: Unionsrechtswidriges Lotteriemonopol – Zeit zum Umdenken!”
The systematically stimulating advertising by the government-owned lottery companies shows that the state lottery monopoly is unlawful. This relates in particular to the internet as a sales channel. Due to this incoherence, the general internet ban as provided for in section 4 (4) of the Inter-State Treaty on Gambling (Glücksspielstaatsvertrag, GlüStV) can currently not be invoked against private economic operators. Furthermore, as long as government bodies ignore this evidently unlawful regulatory situation, neither the lack of a German license nor any licensing requirements can be invoked against private economic operators. In view of the relentless progress of digitalisation, the German federal states are called upon to create a modern, consistent regulatory regime.
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