ZfWG: Eckpfeiler für Neuordnung des Internet-Glücksspiels auf Basis der EU-Kommission
Published by Dr. Wulf Hambach and Dr. Bernd Berberich in ZfWG 6/19 p. 468
The remarks of the EU Commission concerning the third Treaty amending the Inter-State Treaty on Gambling suggest that Germany has permanently violated its obligation pursuant to EU law to provide evidence of the alleged threats posed by online gambling that are claimed by the German legislator to justify the general internet ban. For the current regulatory situation, this likely leads to the inapplicability of section 4 (4) Inter-State Treaty on Gambling. With regard to the new regulation of the gambling sector due to take effect on 1 July 2021, there is no alternative but to comprehensively restructure internet gambling. If Germany does not do this in accordance with the Commission’s instructions, there is a serious risk that the Commission will open infringement proceedings against Germany.
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