In a sports betting context, the Interstate Treaty of 2012

    • 184 posts
    June 7, 2023 10:42 PM EDT

    In a sports betting context, the Interstate Treaty of 2012 introduced a licensing opportunity for the first time after the German states had been forced to do so following a judgment of the Court of Justice of the European Union (CJEU), which had held the previous state-monopoly to contravene EU law (Carmen Media-case). Theoretically this licensing process should have led to the issuance of 20 sports betting licences, which would have been valid in all German states, covering pgslot online and land-based operations. The licensing process, however, failed and was rightly criticised from the start – as was ultimately confirmed by the CJEU in the Ince-case in February 2016. The CJEU held that the sports betting licensing process had been designed in a non-transparent and discriminatory manner and criticised the German states for not having introduced a licensing system fit to overcome the unlawful state-monopoly. It confirmed that EU based sports betting operators could not be blamed for operating without a German licence in such an unlawful legal environment and thereby made perfectly clear that reforms of the current regulation were needed.