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Welcome back! We've been on a bit of an extended vacation since our original launch back in 2006. There have been quite a few developments within the online gambling industry since then and now is as good a time as any for us to pick up where we left off. Stay tuned, we are working as fast as we can to keep you as informed as possible.
by: InfoPowa
Senior German court dismisses complaint by subsidiary
The legal news for Bwin this week could have been better, as reports emerged that Germany's highest court had dismissed a complaint by Bwin subsidiary Sportwetten Gera GmbH against an Internet gambling ban imposed by the state of Saxony-Anhalt two years ago. The company referenced a 1990 law from Communist East Germany that permitted sports wagering in its submissions.
Bloombergs news service quoted the director of the German Association of Sport Betting Companies, Rainier Nitzschke who said that Sportwetten Gera had asked for the immediate ban to be abolished. "…Germany's Federal Constitutional Court rejected the complaint because the company didn't suffer a `major disadvantage' as a result of the immediate ban, according to a statement published on the court's Web site today…" he said.
The ruling was widely seen as supporting the Saxony-Anhalt (one of 16 German states) protectionist monopoly.
It was Sportwetten Gera GmbH's contention that a ban imposed by the state was unfair, but the court ruled that the sportsbetting firm didn't suffer a "major disadvantage" according to a court statement.
Bwin Interactive was the subject of a similar ban by another German state.
The premiers of Germany's 16 states met recently to agree on new legislation to outlaw all online gambling despite the implications this may have in terms of European Commission action in support of the freedom of cross-border services. The necessary unanimity to proceed was not achieved, but plans are in place to take another run at the legislation next year. Any laws proposed by the states would have to be approved by the federal parliament.
If passed, the law would prevent offshore gaming companies from accepting German players or conducting business in Germany. Three states have already passed similar laws of their own. The proposed law is part of an effort to protect local state monopolies and lotteries, which is being discouraged by the European Union in an effort create an equal playing field among member nations.
However, Bwin, which is currently the biggest bookmaker in Germany, received some slightly better news from Bavaria, where a regional court suspended an order which attempted to ban Bwin from accepting bets from Bavarian residents.
"Bwin can continue to offer sporting bets in Bavaria and to accept bets from Bavarian customers," Bwin said in a statement.
The ruling, one of many pending court cases with German states, means that Bavaria cannot enforce a ban before the main court case is heard.
Bloombergs news service quoted the director of the German Association of Sport Betting Companies, Rainier Nitzschke who said that Sportwetten Gera had asked for the immediate ban to be abolished. "…Germany's Federal Constitutional Court rejected the complaint because the company didn't suffer a `major disadvantage' as a result of the immediate ban, according to a statement published on the court's Web site today…" he said.
The ruling was widely seen as supporting the Saxony-Anhalt (one of 16 German states) protectionist monopoly.
It was Sportwetten Gera GmbH's contention that a ban imposed by the state was unfair, but the court ruled that the sportsbetting firm didn't suffer a "major disadvantage" according to a court statement.
Bwin Interactive was the subject of a similar ban by another German state.
The premiers of Germany's 16 states met recently to agree on new legislation to outlaw all online gambling despite the implications this may have in terms of European Commission action in support of the freedom of cross-border services. The necessary unanimity to proceed was not achieved, but plans are in place to take another run at the legislation next year. Any laws proposed by the states would have to be approved by the federal parliament.
If passed, the law would prevent offshore gaming companies from accepting German players or conducting business in Germany. Three states have already passed similar laws of their own. The proposed law is part of an effort to protect local state monopolies and lotteries, which is being discouraged by the European Union in an effort create an equal playing field among member nations.
However, Bwin, which is currently the biggest bookmaker in Germany, received some slightly better news from Bavaria, where a regional court suspended an order which attempted to ban Bwin from accepting bets from Bavarian residents.
"Bwin can continue to offer sporting bets in Bavaria and to accept bets from Bavarian customers," Bwin said in a statement.
The ruling, one of many pending court cases with German states, means that Bavaria cannot enforce a ban before the main court case is heard.
