German framework breaches EU law, says advocate general
Opinion, which is likely to be supported by an ECJ ruling, slams process and could finally force change
The European Court of Justice’s advocate general has published a devastating opinion on Germany’s licensing framework which legal experts believe should bring an end to the troubled regime.
In his opinion, the advocate general said that the defendant, Ms Ince, should not be prosecuted for operating in Germany under an Austrian licence, and that the freedom to provide services had been infringed.
The advocate general also stated that where a monopoly on sports betting is contrary to EU law, criminal prosecution of those operators licensed in other member states should be precluded on the grounds that there were no practical terms to obtain a licence.
The opinion, which is expected to be reflected in an ECJ ruling due within the next three months, could have wide reaching implications for Germany’s troubled Interstate Treaty, which has yet to issue a licence since being implemented in 2012.
“It is clear that the monopoly system is not in compliance with EU law,” Martin Arendts, a gaming lawyer from Arendts Anwälte, told eGaming Review.
“This opinion is about consequences in a system not in compliance with the EU. The opinion says you cannot be prosecuted for operating with a foreign licence but still no licences are being issued,” he added, noting that the monopoly system remains in pace.
Following last week’s ruling from Hesse’s Administrative Court that Germany’s Gambling Board is unconstitutional, Arendts said the government will finally be forced to take action.
“You have to completely amend German gambling law. The Gambling Board has been held to be unconstitutional. The whole procedure is clearly against EU law. Other states have been reluctant to follow Hesse but now they will be forced,” he said.