On the German Sports Betting Monopoly
Published March 13, 2010 by OCR Editor
Paolo Mengozzi acknowledges that online gaming knows no borders.
European Court of Justice Advocate General Paolo Mengozzi on Thursday issued his opinion on the legal debate over Germany's sports betting monopoly.
Mengozzi acknowledged in the cases Markus Stoss and Carmen Media Group that "online gaming knows no borders," and that complex legal questions have arisen as a result of new technologies, adding that European Union member states are developing contrasting legislation, which makes life difficult for EU judges.
He went on to say that monopoly holders cannot go overboard in their promotion of games of chance and that they cannot be used to increase public revenue.
Referring specifically to Germany's sports betting monopoly Oddset, Mengozzi said it was for the country's national court to examine whether the monopoly met the aforementioned criteria.
The German Federal Constitutional Court ruled in March 2006 that Oddset's advertising campaign was aimed at generating public tax revenue
Sigrid Ligné, Secretary General of the European Gaming and Betting Association, said following the AG's comments: "There is a consumer demand for online gaming in Germany. The sports community is losing out as it is not allowed to cooperate with the European gaming industry. Other EU member states are embracing the reality that online gaming is a popular leisure activity and have started regulating the sector. EGBA urges the German authorities to do likewise."
A date for the European Court of Justice to deliver a verdict has yet to be set.
