Germany pushing for Ban

[jetset]

Hopefully, like mother like son.

Unless he's a William Pitt the Younger, this dynastic move (the guy is 19 years old I believe) is unlikely to improve matters for the Bhutto political party in a very tough political environment - and his father still has those "Mr. Ten Percent" questions hanging over his head from Benazir's last period in office as Pakistan's leader.

[KellyBlend]

What does this new legislation mean for a German Poker Player?

I know only one expert opinion of a lawyer firm published on the website of a German affiliate (look here).

Since this is a paid-for expert opinion I do not want to copy or cite parts of this opinion. It is also available in German languge only.

However, I will recap some parts as follows:

As of January 1st, 2008 the participation in an online poker play is punishable for a German poker player.

Prerequisite for the punishability is the real money input which is assumed if the money input exceeds a certain bagatelle border (for example, the price of a cinema ticket - this exeption is not stipulated by law but by jurisdiction). The participation in play money games or freerolls cannot be punished.

Furthermore a great chance consists that the participation in an online poker play cannot be pursued criminal when one plays on a poker side with EU licence and the prosecution, therefore, would violate European-juridical regulations.

In addition, the lawyers see still a little chance that a so-called winning poker player could argue that poker is for him a skill play and no luck play.

[Casinomeister]

What does this new legislation mean for a German Poker Player?

I know only one expert opinion of a lawyer firm published on the website of a German affiliate (look here).

Since this is a paid-for expert opinion I do not want to copy or cite parts of this opinion. It is also available in German languge only.

However, I will recap some parts as follows:

As of January 1st, 2008 the participation in an online poker play is punishable for a German poker player.

Prerequisite for the punishability is the real money input which is assumed if the money input exceeds a certain bagatelle border (for example, the price of a cinema ticket - this exeption is not stipulated by law but by jurisdiction). The participation in play money games or freerolls cannot be punished.

Furthermore a great chance consists that the participation in an online poker play cannot be pursued criminal when one plays on a poker side with EU licence and the prosecution, therefore, would violate European-juridical regulations.

In addition, the lawyers see still a little chance that a so-called winning poker player could argue that poker is for him a skill play and no luck play.

I believe Austria considers Poker a game of chance. Perhaps some of the German players can cross the border and play from there

Seriously, it looks like another big confusing mess. Here is a written opinion (in English) from the offices of Hambach and Hambach which details how this law is unenforceable according to the EU treaty:

http://www.betting-law.de/cms/cms/fr....php?idart=306

I believe that there are a number of betting firms lining up to issue formal complaints after the 1st. According to one of Wulf Hambach's statements here:
http://www.isa-casinos.de/articles/1...tsvertrag.html

He represents about 20 firms that are prepared to do so.

Another lawyer, Michael Winkelmüller of Redeker which represents Bwin and Fluxx stated: "I assume that all of the approximately 3000 German market operating gambling companies will initiate legal action."

So perhaps this law is a good thing since it will put into motion a large force to overturn it and bring in real regulation.

[KellyBlend]

The most difficult interpretation questions are the conflicts which arise in the interface between German and European law. The published expert opinion to which I posted the link, is likewise written by Hambach and Hambach, but imho the only one which refers in details to the most important questions especially from the poker players view. Affiliates have a lot of other problems. And it seems already clear that we will experience a long juristic battle marathon.

[Zodiac]

Seriously, it looks like another big confusing mess. Here is a written opinion (in English) from the offices of Hambach and Hambach which details how this law is unenforceable according to the EU treaty:

http://www.betting-law.de/cms/cms/fr....php?idart=306

i came not on the idea to look at Hambach and Hambach Website where it stands also in English that's why i've linked in german

I believe that there are a number of betting firms lining up to issue formal complaints after the 1st. According to one of Wulf Hambach's statements here:
http://www.isa-casinos.de/articles/1...tsvertrag.html

He represents about 20 firms that are prepared to do so.

Another lawyer, Michael Winkelmüller of Redeker which represents Bwin and Fluxx stated: "I assume that all of the approximately 3000 German market operating gambling companies will initiate legal action."

i'm a little bit Bryan, because this link stands 10 posts before

what always also likes happen there, i wish you all a good start into the new year and like to go your wishes all in fulfillment

[jetset]

THE DIE IS CAST IN GERMANY

German states clamp down on Internet gambling

As reported in InfoPowa bulletins earlier this week, the German states have literally cast the die by imposing a protectionist accord to halt online gambling in the country.

The move is sure to have serious repercussions from major international gambling groups who have threatened to litigate, and the European Commission which has already indicated that the ban is contrary to EU treaty principles on the free passage of services and trade between member nations.

All 16 of Germany’s states have ratified the accord which, as of 1 January, prohibits foreign remote gambling operators from offering their services to German customers. Restrictions have also been placed on the advertising of gambling services in Germany.

The new online gambling laws will be valid until 2011.

Internet censorship sensitivities are also trampled by the accord, which authorises German states to require Internet service providers to block gaming websites or websites that promote gambling. One element of the law clones America’s controversial Unlawful Internet Gambling Enforcement Act (UIGEA) in that financial institutions may be ordered to stop money transfers related to online gambling transactions.

Last year, the European Commission called German plans to totally ban Internet gambling disproportionate and urged the states involved to reconsider the new law. The way is now open for more pressure from the European Commission, which is responsible for compliance, and this could ultimately see Germany hauled before the European Court of Justice.

Germany's defence of its move against Internet gambling services is based on its claimed right to protect the moral and financial welfare its citizens, but as in other European nations with protectionist bans, this rings hollow as long as state gambling monopolies remain active and deliver revenues to the government.

[jetset]

GERMAN ONLINE GAMBLING BAN UNCONSTITUTIONAL SAY EXPERTS

Top lawyers confirm that new banning accord contravenes both the German constitution and European law.

With criticism and threats of international litigation mounting, the 16 German states remained under siege today for implementing a New Years Day accord banning online gambling and introducing Internet freedom-sensitive rules.

The boss of UK betting company MyLotto24 - a subsidiary of German giant Tipp24 - Carsten Frein echoed the parent company view, commenting: “We consider the state treaty on gambling as clearly illegal and will take legal action if necessary.

"Reports by notable constitutional lawyers such as Professor Bodo Pieroth or Professor Hermes confirm that the treaty contravenes the German constitution and European law. The EU and the German Monopolies Commission have also taken up a clear stance in this sense.”

Frein said that there would be no impact on the UK side of the business, but that in Germany, the company is restricted in its “marketing communications” until a resolution is reached at court level.

Operators Bwin, Fluxx and Tipp24 have all criticised the developments (see previous InfoPowa report).

[jetset]

GERMANY ACCUSED OF ONLINE GAMBLING BREAK WITH EU PRINCIPLES

EGBA kicks off 2008 with a formal complaint on protectionist German ban

Just two weeks into 2008, and fourteen days since the German ban on online gambling was implemented (see previous InfoPowa reports), Europe's Internet gambling industry has served notice on the Germans that it will contest protectionist bans and has lodged an official complaint with the European Commission.

The complaint centres on the European Union requirement that member nations permit the free movement of goods and services between member nations. On January 1 the 16 German states implemented the ban, which forbids online gambling with the exception of horse racing.

"The European Gaming and Betting Association (EGBA) calls on the European Commission to take swift action against the German Interstate Treaty on gaming," the lobby group said in a statement.

EGBA asserts that the ban "...is in direct contravention of European Union law."

"The German Interstate Treaty is incompatible with EU law, and its adoption has left us with no other choice but to make a formal complaint to the European Commission," said EGBA secretary general Sigrid Ligne. "We urge the Commission now to fast track our complaint and launch infringement proceedings against Germany," she said.

Charlie McCreevy, the EU Internal Market Commissioner responsible for compliance issues, has been diligent in pursuing member states that do not adhere to the principles of the EU Treaty allowing free movement of goods and services, and has said that he is prepared to take non-compliant nations before the European Court of Justice if necessary.

McCreevy has already launched legal action against Germany over the then proposed treaty last year - before it came into force.

"The Commission does not believe this piece of legislation is in line with Community law," his spokesman Oliver Drewes said. "We now have to decide in the near future if we take this legal action to the next step."

Reuters news service reports that European Commission officials are due to decide in coming days whether to push ahead with legal actions in the gambling sector against several EU states. If Brussels were to push ahead against Germany, it would be in the form of a final warning before the country is taken to the European Court of Justice, which has powers to fine and force the country to change its laws.

EGBA is an association of major European gaming and betting operators, including Bet-at-home.com, bwin, Digibet, Carmen Media Group, Expekt, Interwetten, PartyGaming and Unibet.

The lobby group said the Germany treaty makes the granting of licenses "completely discretionary," places an "unjustified and inconsistent prohibition of online gaming and betting," and "strict advertising and sponsoring prohibitions."

[jetset]

WAY OPEN FOR BWIN FOLLOWING GERMAN COURT DECISION

Austrian public company wins another round of German litigation

The way appears to be open for a resumption of online gambling activities in the German state of Baden-Wuerttemberg by Vienna listed gambling group Bwin, following a favourable judicial ruling this week, reports the Stuttgarter Nachrichten publication.

The Karlsruhe court ruled that Bwin Interactive Entertainment AG is allowed to accept wagers from customers in the German state, overturning a previous judgment forcing the company to stop accepting wagers. The latest ruling instructs that the previous order is not to be executed as such a regionally limited ban is technically not enforceable.

The fight is likely to continue, however as a spokesman told reporters that Baden-Wuerttemberg will appeal the court decision at the administrative court in Mannheim, Germany.

Bwin has around 2 million customers in Germany, and several hundred thousand of them are in Baden-Wuerttemberg, the newspaper revealed. The company has won a series of legal clashes with German authorities.

Earlier this week the European Gaming and Betting Association laid a formal complaint with the European Commission against an accord banning online gambling in the 16 states that make up modern Germany. EGBA represents most of the large European betting groups and is determined to ensure that European Union principles are respected.

Secretary general Sigrid Ligne told the BBC this week: "The official [German] claim is consumer protection and we feel that claim is unjustified."

"Why focus on internet gambling when traditional land-based offline gambling is being promoted in Germany?"

Ligne added: "We urge the Commission now to fast track our complaint and launch infringement proceedings against Germany."

The European Commission appears to support the view that the German legislation is incompatible with EU law, and has already warned the Germans and some other EU nations about prohibiting the free passage of goods and services.

The Commission insists it is not preventing any member state from its obligation to protect the public. Spokesman Oliver Drewes said the problem was that Germany, in common with certain other countries, is trying to restrict certain types of gambling while leaving others, particularly state lotteries, alone.

"You have to have the same rules for everybody and not a situation where different operators are treated in a different way," he said, adding that 10 EU member states were currently the subject of legal action on gambling, including Denmark, Sweden, Finland and Hungary.

"Prohibition is not and has never been a solution, be it in our sector or other sectors," EGBA chairman Norbert Teufelberger commented. "It is not a responsible approach and cannot be a substitute to an efficient gaming policy. Focusing on online gaming does not make sense when most recent peer-reviewed studies show that although online and offline gaming [have] different target audience[s], players' behaviour is similar whether online or offline."

He added that in a properly regulated environment, online gaming allows for higher transparency and technical and financial traceability.