Germany recently decided to open up its sports betting market and grant up to 20 sports betting licenses. However, over a year later no licenses have been issued. The licensing procedure has been criticized for not being transparent or fulfilling EU criteria for fair competition. Specifically, the selection criteria have not been published in advance and favor existing state monopoly operators over new applicants. Several court cases are pending regarding the non-transparent nature of the licensing process in Germany.
Germany's new gambling advertising guidelines that took effect in February 2013 give licensed operators more options to advertise but also require approval for internet and television ads. However, several lawyers regard the approval requirement as unconstitutional. The guidelines were issued by Germany's new Gambling Board based on the Interstate Treaty on Gambling but are not actual law. It remains to be seen whether the guidelines will survive a judicial review as the requirement for prior approval has been criticized as a form of censorship not properly founded in law.
1) The government of Schleswig-Holstein submitted a draft act to repeal its gaming act and adopt an interstate treaty on gambling to the European Commission for review.
2) The EC has three months to review the provisions and can object or begin infringement proceedings if it contravenes EU law.
3) A British betting operator filed a complaint with the EC regarding recently adopted gambling legislation in Cyprus that could restrict betting exchanges, claiming it discriminates and breaches EU law. The complaint could take years to resolve.
The regulatory process for online gambling in Germany has been complicated since 2006. Schleswig-Holstein passed its own legislation in 2011, awarding licenses to operators, but a new government plans to return to the Interstate Treaty signed by other states. The Treaty has been criticized by the EU as incompatible with EU law. Legal challenges have stalled implementation of the Treaty. The future of regulation in Germany remains uncertain as multiple conflicting frameworks exist simultaneously.
The Administrative Court of Appeal of Baden-Wuerttemberg upheld that online penny auctions constituted illegal gambling. In these auctions, participants had to purchase "bidding points" costing between €0.60-€0.75 to place bids, generating most revenue. If a bid was placed, the price rose by €0.01 and the auction time extended by 20 seconds. The winner acquired the product, often at below market price. While the operator appealed that skill determined the outcome, the court found the winner was decided primarily by chance like in other games of chance.
The Federal Patent Court in Munich ordered the cancellation of the trademark 'TOTO', which was held by the member companies of Deutscher Lotto- und Totoblock, a cartel of German state gambling operators. As a result of this decision, the state operators forfeit protection of this trademark. The court determined that 'TOTO' was merely descriptive as an abbreviation for football toto and had not acquired a secondary meaning among the affected trade circles at the time of its registration in 1997 or by 2009. This decision opens the German gambling market to competition from other EU member states.
The document summarizes the complex legal issues around Germany's attempt to license and regulate sports betting, which has faced numerous legal challenges. It discusses:
1) How the licensing procedure established in 2012 failed to issue any licenses and was criticized in court decisions for lacking transparency and being discriminatory.
2) How recent court rulings found the licensing system and oversight body called the Gambling Board to be unconstitutional for concentrating decision-making power without democratic accountability.
3) How an upcoming ruling from the EU Court of Justice in a related case could force Germany to amend its legislation to comply with EU law and properly license operators from other EU countries.
Germany's new gambling advertising guidelines that took effect in February 2013 give licensed operators more options to advertise but also require approval for internet and television ads. However, several lawyers regard the approval requirement as unconstitutional. The guidelines were issued by Germany's new Gambling Board based on the Interstate Treaty on Gambling but are not actual law. It remains to be seen whether the guidelines will survive a judicial review as the requirement for prior approval has been criticized as a form of censorship not properly founded in law.
1) The government of Schleswig-Holstein submitted a draft act to repeal its gaming act and adopt an interstate treaty on gambling to the European Commission for review.
2) The EC has three months to review the provisions and can object or begin infringement proceedings if it contravenes EU law.
3) A British betting operator filed a complaint with the EC regarding recently adopted gambling legislation in Cyprus that could restrict betting exchanges, claiming it discriminates and breaches EU law. The complaint could take years to resolve.
The regulatory process for online gambling in Germany has been complicated since 2006. Schleswig-Holstein passed its own legislation in 2011, awarding licenses to operators, but a new government plans to return to the Interstate Treaty signed by other states. The Treaty has been criticized by the EU as incompatible with EU law. Legal challenges have stalled implementation of the Treaty. The future of regulation in Germany remains uncertain as multiple conflicting frameworks exist simultaneously.
The Administrative Court of Appeal of Baden-Wuerttemberg upheld that online penny auctions constituted illegal gambling. In these auctions, participants had to purchase "bidding points" costing between €0.60-€0.75 to place bids, generating most revenue. If a bid was placed, the price rose by €0.01 and the auction time extended by 20 seconds. The winner acquired the product, often at below market price. While the operator appealed that skill determined the outcome, the court found the winner was decided primarily by chance like in other games of chance.
The Federal Patent Court in Munich ordered the cancellation of the trademark 'TOTO', which was held by the member companies of Deutscher Lotto- und Totoblock, a cartel of German state gambling operators. As a result of this decision, the state operators forfeit protection of this trademark. The court determined that 'TOTO' was merely descriptive as an abbreviation for football toto and had not acquired a secondary meaning among the affected trade circles at the time of its registration in 1997 or by 2009. This decision opens the German gambling market to competition from other EU member states.
The document summarizes the complex legal issues around Germany's attempt to license and regulate sports betting, which has faced numerous legal challenges. It discusses:
1) How the licensing procedure established in 2012 failed to issue any licenses and was criticized in court decisions for lacking transparency and being discriminatory.
2) How recent court rulings found the licensing system and oversight body called the Gambling Board to be unconstitutional for concentrating decision-making power without democratic accountability.
3) How an upcoming ruling from the EU Court of Justice in a related case could force Germany to amend its legislation to comply with EU law and properly license operators from other EU countries.
The State of BigData - meetup bigdata @ovh Steven Le Roux
The document discusses big data concepts including the 3 V's of volume, velocity and variety. It provides details on Hadoop components like HDFS, MapReduce, Pig/Hive and HBase. It also covers streaming data platforms like Kafka and frameworks like Storm and Flink. The document discusses columnar data formats like ORC and Parquet. Finally, it briefly mentions the big data ecosystem including vendors and integration.
The document presents a vision for developing a Smart World through sustainable development. It discusses the need to transition from the current "Stupid World" model to a SMART World model of development across continents, countries, cities and communities. The key goals are to promote smart and sustainable development through frameworks, solutions and technologies while engaging leaders across sectors. It outlines principles and strategies around areas like policy, urban planning, technologies and sustainable development. The overall aim is to create a world composed entirely of sustainable global communities through approaches like the Triple Bottom Line sustainability model.
El documento presenta la teoría del "Cono del aprendizaje" de Edgar Dale, que sugiere que los seres humanos aprenden mejor cuando están más involucrados en la experiencia, como aprender haciendo en lugar de solo escuchar o leer.
Leadership development programs, pricesDUKE RUNYAN
This document outlines various leadership development programs and their prices. The programs range in price from $270 for the Success Planner personal management system to $30,000 for the Franchisee Opportunity. The most expensive program is Effective Team Dynamics at $9,700, which aims to help teams work effectively and efficiently through synergy.
The document discusses the lineage and family background of several prominent Indian political families, including the Nehru and Gandhi families. It questions the reported paternal ancestry of key figures like Indira Gandhi, Rajiv Gandhi, and Sanjay Gandhi. It suggests that Rajiv's father Feroze Khan was actually a Muslim man originally named Nawab Khan, and that Sanjay's father was a Muslim man named Mohammad Yunus. It also raises doubts about the religious backgrounds reported for some family members.
Choosing a content management system (CMS) is often an integral part of many digital projects. In this talk I explore some of the pitfalls of selection, then go on to discuss some important areas that should be considered before a choice is made.
InnoDB architecture and performance optimization (Пётр Зайцев)Ontico
This document discusses the Innodb architecture and performance optimization. It covers the general architecture including row-based storage, tablespaces, logs, and the buffer pool. It describes the physical structure and layout of tablespaces and logs. It also discusses various storage tuning parameters, memory allocation, disk I/O handling, and thread architecture. The goal is to provide transparency into the Innodb system to help with advanced performance optimization.
The document discusses using the fundamental counting principle to calculate the number of possible routes when traveling between multiple locations. It provides examples of calculating the number of routes from Southfork to Goodsoil by multiplying the number of road options at each location. It then applies the same principle to calculate the number of possible round trips between Southfork and Goodsoil without repeating roads. The fundamental counting principle states that if the first choice can be made in m ways and the second choice can be made in n ways, then there are m × n ways to select both.
La mamá cabra deja a sus siete cabritillos en casa mientras busca comida en el bosque. El lobo intenta engañar a los cabritillos haciéndose pasar por su madre, pero ellos no le abren la puerta. Finalmente, el lobo logra engañarlos cambiando el color de su pata y se los come a todos menos al más pequeño que logra esconderse.
Status and potential of energy and carbon trading in indiaAbhik Tushar Das
The document discusses carbon markets and carbon trading in India. It provides background on greenhouse gases and the Kyoto Protocol. Key points:
1) The Kyoto Protocol established a carbon market to allow countries to meet emissions reduction targets through buying credits from other countries.
2) Countries can engage in projects to reduce emissions and generate credits through the Clean Development Mechanism or Joint Implementation. Emissions trading also allows countries to trade allowances.
3) India has significant potential for carbon trading through renewable energy and energy efficiency projects that generate credits under the Clean Development Mechanism. However, issues around additionality and sustainable development still need to be addressed.
"The Blockchain Effect on the Future of the Humanities" by Sherry Jones (July...Sherry Jones
July 20, 2016 - This presentation was featured during the July 20, 2016 live webcast on youtube. The focus of this presentation is on how the blockchain technology, the protocol that underlies and powers bitcoin and other cryptocurrencies, will change the future directions of the humanities disciplines, particularly affecting teachers' pedagogy and students' learning habits. The video is available here:
[Live Youtube Webcast]
"The Blockchain Effect on the Future of the Humanities" (July 20, 2016)
https://youtu.be/wdefJ5_t0zQ
Explore how we see. Discover that our world of perception is not about documenting reality -- it's all about survival. We do not so much "picture" what's out there as we create a world of perception.
All of material inside is un-licence, kindly use it for educational only but please do not to commercialize it.
Based on 'ilman nafi'an, hopefully this file beneficially for you.
Thank you.
The document discusses a pending case before the Court of Justice of the European Union regarding Germany's sports betting licensing procedure. The CJEU is being asked to determine if Germany's procedure complies with EU transparency requirements. If the CJEU sides with the European Commission, Germany may have to restart the licensing procedure. Germany opened its sports betting market in 2012 but has yet to grant a single license due to ongoing legal challenges regarding the selection process. The pending Ince case could provide clarification from the CJEU on what criteria must be published for a licensing procedure to be considered transparent under EU law.
The document discusses European gambling regulation from the perspective of private gambling operators. It makes three key points:
1) National monopolies and barriers exist across Europe that restrict private operators from offering gambling services across borders, despite rulings from the European Court of Justice saying gambling should be allowed under freedom to provide services.
2) Private operators face legal challenges in many countries trying to protect domestic monopolies. The European Commission has started infringement procedures against some countries for limiting competition.
3) The European Court of Justice has not established secondary legislation for gambling, but through case law has said member states can regulate gambling as long as measures are proportionate and non-discriminatory. However, monopolies still largely restrict the cross
The State of BigData - meetup bigdata @ovh Steven Le Roux
The document discusses big data concepts including the 3 V's of volume, velocity and variety. It provides details on Hadoop components like HDFS, MapReduce, Pig/Hive and HBase. It also covers streaming data platforms like Kafka and frameworks like Storm and Flink. The document discusses columnar data formats like ORC and Parquet. Finally, it briefly mentions the big data ecosystem including vendors and integration.
The document presents a vision for developing a Smart World through sustainable development. It discusses the need to transition from the current "Stupid World" model to a SMART World model of development across continents, countries, cities and communities. The key goals are to promote smart and sustainable development through frameworks, solutions and technologies while engaging leaders across sectors. It outlines principles and strategies around areas like policy, urban planning, technologies and sustainable development. The overall aim is to create a world composed entirely of sustainable global communities through approaches like the Triple Bottom Line sustainability model.
El documento presenta la teoría del "Cono del aprendizaje" de Edgar Dale, que sugiere que los seres humanos aprenden mejor cuando están más involucrados en la experiencia, como aprender haciendo en lugar de solo escuchar o leer.
Leadership development programs, pricesDUKE RUNYAN
This document outlines various leadership development programs and their prices. The programs range in price from $270 for the Success Planner personal management system to $30,000 for the Franchisee Opportunity. The most expensive program is Effective Team Dynamics at $9,700, which aims to help teams work effectively and efficiently through synergy.
The document discusses the lineage and family background of several prominent Indian political families, including the Nehru and Gandhi families. It questions the reported paternal ancestry of key figures like Indira Gandhi, Rajiv Gandhi, and Sanjay Gandhi. It suggests that Rajiv's father Feroze Khan was actually a Muslim man originally named Nawab Khan, and that Sanjay's father was a Muslim man named Mohammad Yunus. It also raises doubts about the religious backgrounds reported for some family members.
Choosing a content management system (CMS) is often an integral part of many digital projects. In this talk I explore some of the pitfalls of selection, then go on to discuss some important areas that should be considered before a choice is made.
InnoDB architecture and performance optimization (Пётр Зайцев)Ontico
This document discusses the Innodb architecture and performance optimization. It covers the general architecture including row-based storage, tablespaces, logs, and the buffer pool. It describes the physical structure and layout of tablespaces and logs. It also discusses various storage tuning parameters, memory allocation, disk I/O handling, and thread architecture. The goal is to provide transparency into the Innodb system to help with advanced performance optimization.
The document discusses using the fundamental counting principle to calculate the number of possible routes when traveling between multiple locations. It provides examples of calculating the number of routes from Southfork to Goodsoil by multiplying the number of road options at each location. It then applies the same principle to calculate the number of possible round trips between Southfork and Goodsoil without repeating roads. The fundamental counting principle states that if the first choice can be made in m ways and the second choice can be made in n ways, then there are m × n ways to select both.
La mamá cabra deja a sus siete cabritillos en casa mientras busca comida en el bosque. El lobo intenta engañar a los cabritillos haciéndose pasar por su madre, pero ellos no le abren la puerta. Finalmente, el lobo logra engañarlos cambiando el color de su pata y se los come a todos menos al más pequeño que logra esconderse.
Status and potential of energy and carbon trading in indiaAbhik Tushar Das
The document discusses carbon markets and carbon trading in India. It provides background on greenhouse gases and the Kyoto Protocol. Key points:
1) The Kyoto Protocol established a carbon market to allow countries to meet emissions reduction targets through buying credits from other countries.
2) Countries can engage in projects to reduce emissions and generate credits through the Clean Development Mechanism or Joint Implementation. Emissions trading also allows countries to trade allowances.
3) India has significant potential for carbon trading through renewable energy and energy efficiency projects that generate credits under the Clean Development Mechanism. However, issues around additionality and sustainable development still need to be addressed.
"The Blockchain Effect on the Future of the Humanities" by Sherry Jones (July...Sherry Jones
July 20, 2016 - This presentation was featured during the July 20, 2016 live webcast on youtube. The focus of this presentation is on how the blockchain technology, the protocol that underlies and powers bitcoin and other cryptocurrencies, will change the future directions of the humanities disciplines, particularly affecting teachers' pedagogy and students' learning habits. The video is available here:
[Live Youtube Webcast]
"The Blockchain Effect on the Future of the Humanities" (July 20, 2016)
https://youtu.be/wdefJ5_t0zQ
Explore how we see. Discover that our world of perception is not about documenting reality -- it's all about survival. We do not so much "picture" what's out there as we create a world of perception.
All of material inside is un-licence, kindly use it for educational only but please do not to commercialize it.
Based on 'ilman nafi'an, hopefully this file beneficially for you.
Thank you.
The document discusses a pending case before the Court of Justice of the European Union regarding Germany's sports betting licensing procedure. The CJEU is being asked to determine if Germany's procedure complies with EU transparency requirements. If the CJEU sides with the European Commission, Germany may have to restart the licensing procedure. Germany opened its sports betting market in 2012 but has yet to grant a single license due to ongoing legal challenges regarding the selection process. The pending Ince case could provide clarification from the CJEU on what criteria must be published for a licensing procedure to be considered transparent under EU law.
The document discusses European gambling regulation from the perspective of private gambling operators. It makes three key points:
1) National monopolies and barriers exist across Europe that restrict private operators from offering gambling services across borders, despite rulings from the European Court of Justice saying gambling should be allowed under freedom to provide services.
2) Private operators face legal challenges in many countries trying to protect domestic monopolies. The European Commission has started infringement procedures against some countries for limiting competition.
3) The European Court of Justice has not established secondary legislation for gambling, but through case law has said member states can regulate gambling as long as measures are proportionate and non-discriminatory. However, monopolies still largely restrict the cross
Opinion of Advocate General Szpunar (ince, C-336/14)Martin Arendts
The document is an opinion from an Advocate General in a case referred from a German court regarding criminal charges against Ms Ince for operating a betting machine without authorization under German law. The opinion discusses the relevant EU and German legal framework regarding games of chance and betting. It examines Germany's public monopoly on sports betting and the need to balance that with EU law on the freedom to provide services. The AG seeks to provide guidance to the referring court on how to interpret the applicable laws in line with EU law principles.
Spanish gambling law analysis by olswang llp (c) 2011 june 2011Market Engel SAS
On May 28, the long awaited Gambling Law was finally published in the Spanish Official Gazette, and
came into force the next day.
The new Law (13/2011), dated May 27, on Gambling Regulation ("Law") is the starting point from which
the Spanish gambling legal framework will now be constructed.
How to facilitate damage claims private enforcement in croatiaMichal
Ever since the Croatian Competition Agency started functioning in 1997, public
enforcement of competition law has been the norm. Civil actions for breaches of
competition law have been the exception in Croatia. The existing legislation in the
area of competition law makes no effort to incentivise private enforcement. There
are no specific rules in the Competition Act 2009 dedicated to civil actions, except a
single provision that assigns jurisdiction over damages claims to commercial courts.
General tort law is applicable in order to prove damages. A number of issues arise
here mostly due to the complexity of competition cases. These issues were described
in the European Commission’s White Paper on Damages Actions for Breach of
EC Antitrust Rules (2008). The level of uncertainty as regards the outcome of the
claim is high. It seems that special rules need to be adopted in Croatia in order
to improve the position of the injured side. The paper deals with a number of
procedural and substantive law issues relevant to the facilitation of civil proceedings
for antitrust damages. A domestic law perspective is applied taking into account
recent developments in EU competition law and policy.
1) This document discusses various legal issues related to distribution agreements and intermediaries under Swiss and European law.
2) It addresses questions around contract termination, competition law, choice of law, and consumer protection as they relate to distribution structures.
3) Key points include that protection clauses for commercial agents are now considered mandatory under EU law, limiting choice of law, and that indemnities for new customers upon contract termination have also been standardized between EU member states.
Tricky distribution under european union law taylor wessing webinar feb 28,...Dr. Martin Rothermel
This document summarizes several recent legal cases related to distribution and competition law in the European Union.
1) The EU Commission fined Guess €40 million for restrictions in their selective distribution system, including restricting territories and end customers.
2) Asus, Denon & Marantz, Philips, and Pioneer were fined a total of €111 million for engaging in price fixing by monitoring retailer resale prices and intervening to increase prices.
3) The ECJ ruled that prohibiting authorized distributors from using third-party platforms like Amazon and eBay may be allowed for luxury goods to preserve brand image under certain conditions.
- The document summarizes recent tax law developments in the European Union. Key points include:
- EU Member States agreed on rules to tackle "hybrid mismatches" between tax structures of EU and non-EU countries. This will impact many existing corporate structures.
- The Netherlands Supreme Court referred preliminary questions to the EU Court of Justice regarding whether denying refunds of dividend withholding tax to non-resident investment funds discriminates against them compared to Dutch funds.
- The EU Court of Justice ruled that a non-resident individual receiving 60% of income in the Netherlands should be allowed to deduct losses from a property in their country of residence, Spain, from their Dutch taxable income.
Last year provided important decisions and evolution of competition law on key topics for Norway. On public enforcement the European Commission adopted recently (in 2018) a decision in the largest ongoing cartel case addressing Norwegian companies in the Maritime Car Carriers Case and the EFTA Surveillance Authority has launched an investigation in the largest ongoing antitrust case involving a Norwegian business sector in the so-called e-payment case related to the financial sector. The evolution of private enforcement in Norway is unhurriedly moving along, with one key case being the Henrik Kristoffersen case recently litigated in the EFTA Court. Grette is proud to recognize that our services have been retained in all these cases.
Presentation delivered during the 8th edition of the International conference on tax law, at the Université Laval, Québec (convenor, Professor André Lareau.
As keynote speaker of the event, I discussed the recent development in the field of Taxpayers' Fundamental Rights protection comparing the European situation with the Canadian one.
1. The case involved a Commission recommendation for "pure BULRIC" cost modeling that was not followed by the Dutch regulator, who used a "plus BULRIC" model instead. The national court referred questions to the Court of Justice.
2. The Court of Justice clarified that a national court may depart from an EU Commission recommendation only if it motivates doing so based on the individual facts of the case. National regulators may consider retail market effects when setting termination rates, even for competitive retail markets. National regulators do not need to prove that rate obligations will actually achieve objectives laid out in EU directives.
3. At a subsequent national court hearing, parties discussed reconciling the Court of Justice ruling
The document discusses the implementation of the EU Damages Directive in Romania through a draft law prepared by the Romanian Competition Council. The draft law aims to facilitate private damages claims for breaches of competition law by clarifying procedures, improving access to evidence, and extending limitation periods. However, it remains unclear if the new law will significantly increase private enforcement given the complexity of competition law cases and need for economic expertise. Courts may also struggle with ensuring confidentiality of evidence. Additional funding and training may be needed to realize the goals of improving private damages actions.
This article discusses recent cases in the EU and UK that consider how competition law applies to restrictions in commercial leases. Competition law at both the EU and national levels prohibits anti-competitive agreements, though exemptions may apply if the pro-competitive effects outweigh anti-competitive effects. A recent European Court of Justice case involved a Latvian retailer with veto rights over tenant leases at shopping centers, which was found to require further analysis of potential anti-competitive effects. A German case prohibited non-compete clauses in retail leases that extended beyond a 50km radius and 5 years. A UK case found a proposed lease restriction excluding certain goods from a newsagent to restrict competition and not qualify for exemption. The article advises landlords
It is our view that Romanian laws are modern, efficient, fair, completely functional and aligned to the regulations of other successful states in this sector, such as Malta, Denmark or the UK. It is nevertheless true that the current laws are still perfectible, as per the opinion of other industry
stakeholders.
Cristian RADU, Partner at Țuca Zbârcea & Asociații
Gabriel IANCULESCU, Associate at Țuca Zbârcea & Asociații
The Netherlands_Bill_Betting and Gaming Act_Explanatory memorandum_English tr...Market Engel SAS
See bill on http://www.internetconsultatie.nl/kansspelen_op_afstand
This bill amends the Betting and Gaming Act.It is the second phase in the modernisation process of the games of chance policy, which aims to prevent gambling addiction, protect the consumer and discourage illegality and crime.
Remote games of chance are games of chance in which the player takes part with electronic means of communication and without physical contact with (the personnel of the) the organiser of the games of chance or a third party which provides a room and resources for the participation in the games of chance.
Because of the lack of direct contact between the player and the games of chance provider, these games involve different and bigger risks of fraud and gambling addiction than the traditional physical (“land based”) games of chance.
Proper and strict regulation of remote games of chance involves among other things that additional measures are set to prevent gambling addiction, including a central register for the exclusion of games of chance3, as well as additional supervision and enforcement powers for the Games of Chance Authority and amendment of the games of chance legislation.
More economic approach to exclusivity agreements: how does it work in practic...Michal
No other topic draws as much attention in competition law as the need for an
economic approach1 and yet, it is still a ‘deficit’ approach. Authorities enforcing
competition protection rules are still very attached to the formalistic approach and
this is an affliction not only of the Polish but also of the EU authorities and courts2
Kohutek shall selective, above-cost price cutting in the newspaper marketMichal
This document summarizes a case comment on a 2009 Supreme Court of Poland ruling regarding selective price cutting by a newspaper publisher. The key issues discussed are:
1) The Supreme Court found the publisher's selective, above-cost price cuts in one region to be "unfair" even though EU law defines predatory pricing as below-cost. However, the Court provided little justification for this finding.
2) Public restrictions on above-cost price cuts by efficient firms can conflict with consumer welfare. There are also reasons like preventing "cherry-picking" that support the legality of above-cost price cuts.
3) The Supreme Court saw the selective nature of the price cuts as abuse, but price
The document is the 2014 European Casino Association (ECA) European Casino Industry Report. Some key points:
- It provides an overview of the European casino industry, including chapters written by ECA member countries.
- ECA has added chapters on new members Latvia and the UK and joined with the National Casino Forum to strengthen their influence.
- ECA represents close to €8bn industry with over 900 casinos and 70,000 employees in 25 European countries.
- Issues addressed include responsible gaming, challenges of online gambling, and fighting illegal online gambling operators.
The very relevant market. Case comment to the judgment of the Court of Appeal...Michal
Although almost five years have gone by since the issue of the first decision of the
President of the Polish Office for Competition and Consumer Protection (in Polish:
Urząd Ochrony Konkurencji i Konsumentów; hereafter, UOKIK) regarding multilateral
interchange fees, the case is yet to be resolved. In 2010, the Court of Appeals in Warsaw
annulled the judgment of the Court for Competition and Consumer Protection1 (in
Polish: Sąd Ochrony Konkurencji i Konsumentów; hereafter, SOKiK), which in turn
overruled the original decision issued by the UOKiK President. The antitrust decision
and following judgments reflect varying views on how to apply competition law to
payment card systems. In addition, they appear to mirror the various approaches
adopted by the European Commission in its subsequent decisions with respect to
Visa and MasterCard.
UK draft gambling (licensing & advertising) bill presented to parliament by t...Market Engel SAS
The Government is committed to strengthening the regulation of remote gambling to ensure that effective consumer protection measures are afforded to all British based consumers. Currently, consumers based in Great Britain face different consumer protection arrangements, and have to deal with a myriad of different regulators, depending on where the remote gambling they are taking part in is regulated. This problem is growing as more countries permit online gambling. At the same time, it is unfair to GB-licensed gambling operators that overseas competitors benefit from access to the market in Great Britain without necessarily bearing a fair share of the costs of regulation, or of research, education and treatment of problem gambling. This draft Bill allows for the amendment of the Gambling Act 2005 so that remote gambling is regulated predominantly on a point of consumption basis. Consequently, all operators selling into the British market, whether based here or abroad, will be required to hold a Gambling Commission licence to enable them to transact with British consumers and to advertise in Great Britain. Such operators will consequently be subject to the provisions of the Gambling Act 2005, its regulations and the Gambling Commission’s social responsibility and technical standards requirements. These operators will also be required to pay Operating Licence fees, and to contribute to research, education and treatment in relation to British problem gambling and regulatory costs These proposals are an important measure to help address concerns about problem gambling and to bridge a regulatory gap, by ensuring that British consumers will enjoy consistent standards of protection, no matter which online gambling site they visit. For example, previous work by the Gambling Commission has highlighted deficiencies in some remote operators’ arrangements for preventing underage play, and, for the first time, overseas operators will be required to inform the UK regulator about suspicious betting patterns to help fight illegal activity and corruption in sports betting. Finally, these reforms will ensure consistency and a level playing field as all overseas operators will be subject to the same regulatory standards and requirements as British-based operators. We look forward to hearing your views, and those of the Culture, Media & Sport Select Committee who have been invited to carry out pre-legislative scrutiny. We trust that this process will ensure that the Bill is well prepared for introduction to Parliament.
Similar to Arendts: Sports betting licensing procedure in Germany (20)
Arendts: Sports betting licensing procedure in Germany
1. G
ermany, like other EU member states,
recently decided to abandon the
state monopoly system with regard to
sports betting, and to start a licensing
procedure (as well as to tax sports betting with
a five per cent turnover tax on wagers).
The new Interstate Treaty on Gambling,
effective as of July 1, 20121
, contains an
experimentation clause in section 10a which
allows for up to 20 sports betting licences.
However, after more than a year, no licences
have been granted. It is also quite obvious that
this licensing procedure does not fulfil the
criteria of the Court of Justice of the European
Union (CJEU). So, the Administrative Court of
Wiesbaden described the procedure as non-
transparent.
Experimentation clause: up to 20 sports
betting licences
As the old Interstate Treaty on Gambling of
2008 turned out to be legally questionable after
the CJEU decisions of September 8, 2010, on
the German sports betting referral cases (Stoss,
Carmen Media Group2
and Winner Wetten), the
German states decided to open up the market
only for sports betting (in order to keep the state
monopoly on other forms of gambling, especially
lotteries which generate a considerable parts of
the state income). Therefore, the Treaty’s lack of
consideration of online poker and casino games
has been heavily criticised.
The Hessian Ministry of the Interior was
appointed to organise the sports betting
licensing procedure and to issue the licences
on behalf of the newly created gambling board
(Glücksspielkollegium), which consists of 16
members (one for each state). The tender for
the 20 sports betting licences was published in
the Official Journal on August 8, 2012. After the
second step, however, the procedure seemed
to have stopped in spring 2013. In a further
public tender for a law firm, Hessian Ministry of
the Interior recently declared that it expected
up to 80 court proceedings, involving both
unsuccessful applicants and licence-holders3
.
Criteria of the CJEU on the granting of
gambling licences
From the basic freedoms and the principles
of equal treatment and non-discrimination,
the CJEU formed a concept of how gambling
licences should be awarded under EU law. The
CJEU developed a very detailed obligation of
transparency. Especially after the recent Costa
decision4
, in which the CJEU recapitulated the
criteria, these guidelines can be regarded as
settled case law. According to the CJEU, “the
public authorities which grant betting and
gaming licences have a duty to comply with
the fundamental rules of the Treaties and, in
particular, with Articles 43 EC and 49 EC, the
principles of equal treatment and of non-
discrimination on grounds of nationality and the
consequent obligation of transparency.”5
According to EU law, requirements for
licence holders, which infringe the fundamental
freedoms, have to be proportionate. With regard
to the licensing procedure in Germany, there
is no factual basis for the maximum amount of
20 licences (as well as for the seven licences
mentioned in the first draft).
Secret selection criteria
Even more essential is the fact that the
detailed licensing criteria have not been
published yet. According to the CJEU, the
licensing procedure has to be transparent and
must be based on objective, non-discriminatory
criteria known in advance6
. Some selection
criteria were sent as a confidential document to
applicants that successfully passed the first step.
The European Commission already criticised
that the licensing criteria were not clear enough
and should therefore be specified in the tender7
.
However, the tender document only referred
to an “information memorandum” with more
detailed criteria, especially for the five concepts
which have to be elaborated by the applicants
in the second step of the licensing procedure.
This information memorandum has not been
published yet, so not all material information is
know in advance, as required by the obligation of
transparency.
Even the “reasonably informed tenderer”8
could not evaluate his chances in the licensing
procedure. Not only gaming operators from
other member states, but also potential market
entrants, like media companies, must have an
appropriate possibility to know the licensing
criteria (in order to decide whether to apply
or not). The secret selection criteria (a points
1) In 14 of the 16 Germans states: North Rhine-Westphalia followed on December 1, 2012. The state
of Schleswig-Holstein joined the new Interstate Treaty as of February 8, 2013, after revoking the
Schleswig-Holstein Gambling Act (under which about 50 licences were granted to bookmakers, as well
as to casino games operators). The Schleswig-Holstein licences will remain in force, so there will be a
completely incoherent regulation for the next years.
2) CJEU, judgment of 8.9.2010 – C-46/08. The plaintiff in the main proceedings, Carmen Media Group
Ltd, applied for a sports betting licence in the German state of Schleswig-Holstein.
3) http://wettrecht.blogspot.de/2013/05/sportwetten-konzessionsverfahren.html
4) CJEU, judgment of 16.2.2012 – Joined Cases Costa and Cifone - C-72/10 and C-77/10.
5) Costa decision, para 54.
Martin Arendts, M.B.L.-HSG, attorney-at-law
for Arendts Anwälte, provides an update on
licensing in Germany
Sports betting licensing
procedure in Germany:
a never-ending story?
Martin Arendts, Arendts Anwälte
THE SPECIALIST international GAMING law MAGAZINE
18 | Issue 1 2013 intergamingLAW www.intergameonline.com
GLOBAL REPORT
“The public authorities which
grant betting and gaming
licences have a duty to
comply with the fundamental
rules of the Treaties”
2. www.intergameonline.com intergamingLAW Issue 1 2013 | 19
6) Sporting Exchange decision, para. 50; Carmen Media Group decision, para. 87; Costa decision, para.
56.
7) European Commission, letter of March 20, 2012, in the notification procedure 2011/0188/D
(reaction of the Commission to the response of a member state notifying a draft regarding a detailed
opinion).
8) The CJEU refers to a ‘reasonably informed tenderer exercising ordinary care’ as a standard.
9) Engelmann decision, para. 51.
10) Costa decision, para. 57.
11) Verwaltungsgericht Wiesbaden, decision of April 30, 2013, file no. 5 L 90/13.WI.
12) Hessischer Verwaltungsgerichtshof, decision of June 28, 2013, file no. 8 B 1220/13.
scheme of maximum 5,000 points) are applied
retroactively and its weighting is also obviously
not based on the aims of the Interstate Treaty.
It also will be very hard to argue that the
licensing criteria are unequivocal, as required
by the CJEU. Until now, the Hessian Ministry of
the Interior collected more than 800 questions
of applicants and sometimes quite contradictory
answers of the ministry (220 Q & A in the first
step, 587 Q & A in the second step).
The grant of a concession, in the absence
of any transparency, to an operator located in
the member state of the awarding authority
constitutes a difference in treatment to the
detriment of operators located in other
member states, who have no real possibility
of manifesting their interest in obtaining the
concession in question. Such a difference in
treatment is contrary to the principle of equal
treatment and the prohibition of discrimination
on grounds of nationality, and constitutes
indirect discrimination.9
Level playing field for established licence
holders and new applicants
The principle of equal treatment requires
that all potential tenderers be afforded equality
of opportunity and accordingly implies that
all tenderers must be subject to the same
conditions10
. In its Costa decision, the CJEU
expressly requires a level playing field for
established licence-holders and new applicants.
In Germany, the principle of equal treatment
is clearly infringed by the fact that the former
monopoly operators (one for each of the 16
German states) can use their distribution
network of about 26,000 agencies, while new
licence holders will be allowed to have only a
very limited amount of betting shops (e.g. in
Berlin 10 betting shops for each licence holder
and three betting shops in Saxonia-Anhalt).
A grandfathering clause provides that the
monopoly operators and their agencies do not
need a licence in the transitional period of one
year after the 20 licences are issued (section 29
para. 1 sentence 3 Interstate Treaty).
Other provisions do not seem to apply
to state operators. Section 21 par. 3 of
the Interstate Treaty commands that the
operation and intermediation of sports bets
are strictly separated (“Trennungsgebot”).
No “organisational, legal, economic or staff
connection” is allowed. Several of the 16 state
operators do not fulfill this requirement.
At least four operators are partly owned by
sports associations. The most blatant example
is Lotto Rheinland-Pfalz GmbH, the operator for
the State of Rhineland Palatinate. This operator
is partly (49 per cent) owned by three sports
associations. The biggest member of one of
these associations, Sportbund Pfalz, is 1. FC
Kaiserslautern (known as the “Red Devils“). This
football club is playing in the Bundesliga (at the
moment, in the second division) and bets are
offered on matches with 1. FC Kaiserslautern.
The proposed new sports betting operator of
the state operators, ODS Oddset Deutschland
Sportwetten GmbH (which applied for one of the
20 licences), is partly owned by Lotto Rheinland-
Pfalz. So, ODS does not fulfil the requirement of
separation and should have been excluded from
the licensing procedure for this reason.
While a bank guarantee (in the amount of
€5m, up to €25m), originally required for the
second step of the licensing procedure (suddenly
this requirement was withdrawn), might be
justified to protect customers, the additional
insurance which the applicants have to verify,
is questionable (as one insurance company,
mentioned by the ministry, declined to offer such
insurance protection).
Several court cases with regard to the
licensing procedure are already pending. Until
now, only two interim protection decisions have
been published. In its BetVictor decision11
, the
Administrative Court of Wiesbaden granted one
applicant to the up-to-20 sports betting licences
interim protection. The court mentioned that the
whole procedure was not transparent.
As described above, the CJEU expressly stated
that interested operators must have a fair chance
to evaluate their chances at the beginning of
the procedure. The Administrative Court held
that there was no such possibility in the current
procedure: “(...) the requirements with regard to
a transparent procedure are not fulfilled.”
The Hessian Administrative Court of Appeal
overturned this decision12
, but did not decide on
the merits of the case. The court mainly argued
that BetVictor could not claim an immediate
need for judicial relief. The applicants should wait
for a final decision in the licensing procedure and
then ask for interim protection.
“The principle of equal
treatment requires that
all potential tenderers
be afforded equality of
opportunity”
Reichstag, Berlin