Online lottery broker will not have its case against the states of Berlin and Lower Saxony heard by the Federal Constitutional Court.
Wednesday 29th October 2008
Germany’s Federal Constitutional Court has decided not to accept a complaint from online lottery broker Tipp24 AG against provisions of the State Treaty on Gaming.
Tipp24 had argued against bans on online brokerage and advertising along with an obligation to seek permission for commercial lottery brokerage in the states of Berlin and Lower Saxony. However, the Court justified its non-acceptance by stating that the bans were justified and reasonable in trying to prevent and combat gambling addiction.
The question of whether the State Treaty on Gaming and the state legislation was in line with European Union laws was not the subject of the verdict even though several administrative courts have questioned it in the past. An earlier ruling by the administrative court of Berlin declared that the state’s regulations, which have been examined by the Federal Constitutional Court to ascertain their compatibility with basic civil rights, were inapplicable.
“Both the decision itself and its result came completely unexpectedly for us after having achieved a significant first-round victory at the administrative court in Berlin,” said Jens Schumann, Chairman of the Executive Board for Tipp24.
“The Berlin verdict is not affected by the decision of the Federal Constitutional Court as it is based on questions of European law. We continue to believe that the State Treaty on Gaming and the Federal state legislation contravene European Union law.“
Tipp24 operates Tipp24.de in Germany along with numerous subsidiaries including Ventura24 in Spain, Puntogioco24 in Italy and MyLotto24 in the UK and stated that the decision would not lead to any direct changes in its operations.
Germany’s Federal Constitutional Court has decided not to accept a complaint from online lottery broker Tipp24 AG against provisions of the State Treaty on Gaming.
Tipp24 had argued against bans on online brokerage and advertising along with an obligation to seek permission for commercial lottery brokerage in the states of Berlin and Lower Saxony. However, the Court justified its non-acceptance by stating that the bans were justified and reasonable in trying to prevent and combat gambling addiction.
The question of whether the State Treaty on Gaming and the state legislation was in line with European Union laws was not the subject of the verdict even though several administrative courts have questioned it in the past. An earlier ruling by the administrative court of Berlin declared that the state’s regulations, which have been examined by the Federal Constitutional Court to ascertain their compatibility with basic civil rights, were inapplicable.
“Both the decision itself and its result came completely unexpectedly for us after having achieved a significant first-round victory at the administrative court in Berlin,” said Jens Schumann, Chairman of the Executive Board for Tipp24.
“The Berlin verdict is not affected by the decision of the Federal Constitutional Court as it is based on questions of European law. We continue to believe that the State Treaty on Gaming and the Federal state legislation contravene European Union law.“
Tipp24 operates Tipp24.de in Germany along with numerous subsidiaries including Ventura24 in Spain, Puntogioco24 in Italy and MyLotto24 in the UK and stated that the decision would not lead to any direct changes in its operations.