1 European Court Rejects German Gambling Restrictions
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European Court rejects German betting constraints
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8 September 2010

German gaming constraints breach European Union law, the EU's highest court has actually ruled.

The European Court of Justice (ECJ) stated German laws that protect state for gaming were "unjustifiable".

The judgment might open the way for foreign betting companies to develop a presence in Germany.

A lobby group representing betting firms, consisting of PartyGaming and Bwin, called the judgement a "landmark".
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German authorities have actually justified wagering monopolies by stating that they assist protect consumers from the unfavorable impacts of betting.
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But the ECJ said this promotion code was inconsistent with Germany's promo and "intensive advertising" of its betting operations.
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The court stated: "The German guidelines on sporting bets constitute a limitation on the liberty to provide services and the liberty of facility.
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"The public monopoly of the organisation of sporting bets and lotteries in Germany does not pursue the goal of combating the dangers of betting in a consistent and systematic way."

Several foreign wagering business, including Britain's Happy Bet and Gibraltar's Digibet, brought a case against German local authorities in Hesse and northern Schleswig-Holstein.
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The European Gaming and Betting Association welcomed the judgment.

"this promotion code is a landmark judgment which will have a decisive effect on the much-needed reform in Germany," it said in a declaration.

"Other member states have opened or are opening their markets. They reveal that customers can be better protected in a market that is both controlled and available to competition," it said.
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However, European Lotteries, a lobby group for national lottery games in 40 countries, disputed whether the ruling would open up the German market.
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"On the contrary," the group stated in a declaration, "the court advised Germany that it has to control more strictly the bet9ja's welcome offer of hazardous forms of betting such as gambling establishment games and gaming machines.
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"The court pointed once again to the yohaig code greater threats associated with web betting."
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EGBA

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