German gambling board unconstitutional, rules Bavaria court
Latest ruling against Interstate Treaty is another blow ahead of ECJ decision later this month
The Bavarian Constitutional Court has labelled Germany’s Interstate Treaty on gambling “unconstitutional” as pressure continues to mount on the beleaguered framework.
While a number of German courts had previously criticised the mechanics of Germany’s regulation, this new ruling confirms suspicions that the country’s gambling board, the Glücksspielkollegium, is in fact unconstitutional.
In its ruling, the Bavarian Constitutional Court said extending the number of sports betting licences which can be issued from the current 20 permitted would not be enough to make the treaty compliant.
Mathias Dahms, president of the German Sports Betting Association (DSWV), said that now the gambling board was essentially paralysed by legal challenges, a political change to Germany’s regulatory framework was “inevitable”.
“The Interstate Treaty on gambling has proven unfit in practice and in the courts,” Dahms said. “The Prime Minister must now finally discuss a legally binding amendment,” he added.
Later this month the advocate general of the European Court of Justice is expected to publish a decision on case C-335/14, more commonly known as the “Ince” case.
The decision will pertain to whether or not Germany’s sports betting licensing procedure, introduced by the 2012 Interstate Treaty, fulfils the EU’s transparency requirements.
If the ECJ decides it does not then Germany might finally be forced to reform a licensing procedure which most politicians have chosen to steer well clear of in recent months.