Seeming to back up earlier court opinions, the European Court of Justice Advocate General came out against Germany’s online gambling laws in a report.
The report states that the country’s laws should be transparent, non-discriminatory and compliant with EU law.
The report follows a ruling of the Higher Administrative Court suspending the granting of licenses under the German Interstate Treaty on Gambling.
The European Commission was seeking opinions from the Advocate General’s office as well as the German Länder or provinces. The commission must now decide if it will open formal infringement proceedings against the German gambling legislation.
The Advocate general’s was based on a case involving Germany’s rejection of the license application of an Austrian company for a German sports betting license.
The European Commission has challenged the consistency and EU compliance of the German Interstate Treaty on Gambling, stating that it had clearly failed in its objectives.
The Higher Administrative Court in Hesse found that the licensing procedure is in violation of German constitutional law.
