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European Commission Raps German Gambling Proposal

Betting Industry Welcomes Message That Schleswig-Holstein Shift Could Be Restrictive


The European Commission has issued a detailed opinion against an act in German state Schleswig-Holstein which would see lawmakers there drop the progressive and transparent regulatory regime and join the 15 other German states which have adopted a more restrictive landsacape.

The European Gaming & Betting Association has welcomed the publication of the detailed opinion with secretary general Sigrid Ligné, saying, ““Schleswig-Holstein’s proposed move from a sustainable and EU compliant licensing system to an inconsistent and unjustifiably restrictive regime would be a significant step backwards, one that – as confirmed today – the European Commission cannot approve”.

“The European Commission’s detailed opinion against Schleswig-Holstein sends a clear message that Member States are no longer going to be allowed to impose gaming regulations that fail to meet the tests set by the CJEU. The German states cannot continue to ignore the warnings coming from Brussels and the growing criticism evidenced by the multiplication of complaints and litigation even before the new legislation is introduced.

“This creates an extreme level of legal uncertainty which is a damaging for all parties and German consumers in particular. At this stage, only the EC can restore legal security by acting on the many complaints it has received, not only against Germany, but also against Greece, Belgium and several other Member States.”

The European Commission has previously expressed its disquiet at Germany’s restrictive regime.

Under Directive 98/34/EC, Schleswig-Holstein must not adopt its draft legislation before January 2013.

The state has already issued some e-gaming licenses.