Hesse advertises for firm to handle legal challenges

Hesse, the state responsible for overseeing the process for awarding Germany’s 20 sports betting licences, has submitted an appeal for ‘expressions of interest’ from legal firms to handle court cases brought by private operators.

The document estimates that it is likely to see a number challenges brought against the state’s Ministry of the Interior, adding that “several administrative proceedings are already pending”. It goes on to explain that it expects operators which are unsuccessful in their applications will look to sue the state due to “the economic importance of sports betting licenses issued and existing legal uncertainties due to the new law”.

As a result the number of lawsuits “will significantly increase”, with the state estimating “approximately 80″ cases to be brought in total.

To handle the cases the Ministry has laid out strict criteria, looking for a legal firm with experience in procedural and procurement law, an understanding of European gambling law and no current mandates involving sports or sports betting operators. The firm is also required to be “within one hour’s travel” of the Ministry “in order to ensure flexibility and rapid response to summary proceedings”.

Applicants will have to submit evidence of at least three major mandates demonstrating their experience in the above areas, as well as a presentation detailing at least one litigation case in the Federal Administrative Court within the last three years.

The news comes after it emerged that the opening of the German market may be delayed until 2014, following a legal challenge brought by BetVictor after only 14 companies were selected to progress to the next stage of the licensing process. The Administrative Court of Wiesbaden ruled that the Ministry had acted illegally by not having a clear procedure for awarding certification, with the Glücksspielkollegium (Gambling Committee) holding a special meeting at the end of the month to discuss the issue.