German rules again under spotlight

German rules again under spotlight

Wednesday, October 21, 2015 Totally Gaming
Operator Tipico has backed Hesse's ruling on the federal licensing system

German betting operator Tipico has backed the German state of Hesse’s resolution calling for a complete overhaul of the country's gaming legislation.

Hesse’s highest court has backed an earlier ruling in the state that said that the award procedure for sports betting concessions in Germany in its current form is “flawed and opaque”.

The Higher Administrative Court of Kassel has also characterised the Glücksspielkollegium (gambling college) – which seeks to co-ordinate Germany’s federal states’ gambling regulations - as an “unconstitutional and undemocratic institution”.

Tipico – a platinum partner of Bundesliga football champion Bayern Munich - failed in its bid for a German online sports betting licence last year, while the country’s government was contacted by the European Commission (EC) earlier this year over concerns that its laws may be contradictory to European Union (EU) rules.

Jan Bolz, chief executive of Tipico, said: “We welcome this decision very much, because it once again confirms our interpretation of the law. We are now at a point where it needs a viable political solution. Germany needs a regulated sports betting market. These schemes must be designed fairly and transparently.

“Private providers such as Tipico have a right to sustainable legal certainty, not least in the interests of numerous customers.”

Germany began its process of awarding 20 licences following the passage of the federal Interstate Gambling Treaty in 2012. Those licencees were announced in September 2014, but were immediately appealed by Tipico and other unsuccessful applicants, with Hesse’s Administrative Court of Wiesbaden initially finding that the procedure was flawed.

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