ECJ rules against German sports betting regulation
Ruling criticises framework as monopolistic and lacking transparency
The Court of Justice of the European Union (ECJ) has today concluded that Germany must not impose sanctions against operators on the basis of the current German online legislation, dealing another major blow to the troubled Interstate Treaty.
In its ruling on case 336/14, more commonly known as the Ince Case, the ECJ backed the European Commission’s previous criticisms of the framework and said it effectively remained a sports betting monopoly because no licences have been issued.
It also reminded Germany that the licensing process must be conducted in a transparent manner, a point upon which several German courts have ruled against the treaty.
“Today’s ruling emphatically confirmed that the German online gambling regime reached a practical and legal dead end,” Maarten Haijer, secretary general of EGBA, said.
“The [ECJ] ruled the experimental clause for sports betting introduced in 2012 has failed to remedy the incompatibility with EU law.
“This means the German online gambling regime still violates EU law and cannot be enforced,” he added.
Haijer said it was time for the European Commission to open an infringement case against Germany “to ensure it changes its course rather than persists with the failed Interstate Treaty”.
While the ruling will be welcomed by operators, Laura Krause, an associate at Bernstein Public Policy, told eGaming Review it was still unclear what today’s development would mean for Germany’s future course.
“The L?nder [federal states] are already aware of problems in sports betting regulation but have not yet decided on a course of action,” Krause said.