Erfolgreicher Antrag auf vorläufigen Rechtschutz

In 2011, the provider was prohibited from continuing to offer and promote online gambling of this kind. This decision was by the Regierungspräsidium Karlsruhe. 

As a consequence, the gambling company filed an application, which was rejected by the administrative court. In a second attempt, the company was able to celebrate success at the Administrative Court of Baden-Württemberg and the application for provisional legal protection was granted. 

This decision was taken by the court with regard to the law of the European Union both in fact and in law. For this reason, the VGH Baden-Württemberg has granted the interest of the company to continue to present its own offer and to promote it. 

There are still differences between the State Treaty on Gambling (GlüStV) and the European law applicable in Germany, and the court's decision to a certain extent violates the provisions of the State Treaty on Gaming. This is namely the prohibition of online casinos and online poker provided all slots mobile casino. An exception the country Schleswig-Holstein, which passed its own gambling law and allowed both online poker, as well as online casinos and sports betting. 

In the other federal states, only 20 providers of private sports betting are to be licensed and licensed. According to European law, however, the freedom to provide services should be guaranteed, which according to the court in this case of the gambling provider from Malte is not given. 

Due to the different legal situation, it could be that in Germany there is a violation of the EU law coherence requirement. This suspicion should be pursued further in other proceedings at a later date. Due to the existing inaccuracies and uncertainties, the court decided on the petitioner and gave the request.