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Germany’s Online Poker and Casino Gaming Get Closer to Regulation

Written By: Maya Michaels | June 25, 2020 | Posted In Poker News

It seems that online casino gaming and online poker in Germany are making some steps towards regulation.

This week, the Regional Department of Darmstadt, responsible for licensing and prohibition under the third State Treaty on Gambling in Germany, has shifted its focus following a test case.

The Regional Department of Darmstadt will now spend its time developing transitional regulations instead of undertaking enforcement action. The decision arrives after an online gaming operator challenged a prohibition order in court.

Proceedings were suspended at the request of both the Council and the plaintiff, with the suspension to be used to create a transitional framework alongside private gambling providers, as per media association the Deutscher Verband für Telekommunikation und Medien (DVTM).

During this suspension, no action may be taken against the provider involved in the case.

This effectively sets a precedent for termination to efforts to force poker and online casino operators out of the market, with both parties considering that licensed providers will be free to offer both products beginning July 1, 2021.

That was also mentioned in the operator’s defense by Dr. Stefanie Fuchs of Hambach & Hambach, the top legal specialist on gambling in Germany, who also expressed concerns that prohibition orders contravene the EU law.

DVTM chairman Renatus Zilles argued the decision should prompt state authorities to start making a transitional plan to prepare for the fourth State Treaty on Gambling, the Glücksspielneuregulierungstaatsvertrag (GlüNeuRStV).

The DVTM chairman noted that Germany “can no longer afford this permanent blockade” as it only “helps illegal operators from Asia and the Caribbean, who are not interested in protecting children, consumer protection or addiction prevention and also pay no taxes.”

While Germany’s online gambling market is set to be significantly expanded under the GlüNeuRStV, which was notified to the European Commission in May, operators will still be subject to a number of restrictions.

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