We haven’t reported on the awarding of concessions in Germany for a long time, which is simply due to the fact that there has been no known and at the same time notable progress in the procedure.
In an interesting interview with Dr. Ronald Reichert we now talk about the current state of affairs. As a partner of the Redeker Sellner Dahs law firm, he has been a lawyer for over two decades and is regarded as a proven expert in administrative and gambling law. As the German sports bet federation reports, it led numerous principle procedures in this purchase, among them several times before the European Court of Justice.
Regulation of the sports bets failed?
The priority background of the interview is the current decision of the European Union commission to bring Sweden because of the gambling legislation before the European Court of Justice (EuGH). Whether Germany must fear such a procedure likewise and how the legal situation in Germany is current, betrayed Dr. Ronald Reichert in the interview. In Germany the situation is however different than in Sweden. Since 2007 there have been talks between the EU and Sweden about gambling regulations, but nothing has happened since then. Also a formal request for changes was not followed by the Swedish government and the European Court of Justice does not tolerate this any longer.
This situation cannot be transferred to Germany. Already for years one stands in the dialogue with the European Union commission and in such a way one wanted to let Germany test the gambling convention two years long. The deadline has now expired and no concessions have yet been awarded. On the one hand, this is due to the fact that the betting providers concerned have sought legal protection. Above all, however, the Länder have the problem of not finding a common consensus. “The new regulation has not consistently implemented the monopoly topple.”
Dr. Ronald Reichert also sees the capping to 20 licenses as problematic. Comparing the betting providers and putting them to the test complicates the process enormously. The decision on the cap “is the actual basic error”, says Reichert. If no progress is made in the next few months and the trial phase is recorded as a failure, one must expect the German state to reintroduce a monopoly.
“As a lawyer, I can say that I have not experienced any area in the last 20 years of my work as a lawyer in which constitutional and European law have been ignored for so long, so persistently and so sustainably,” explains Dr. Reichert. “That this can happen in a state like Germany, which has placed the rule of law in the centre of its legal system and in the centre of its constitutional law, this is actually a scandal and one will probably only be able to explain it by the fact that we have to do it with the gambling law with a matter, with which the state itself as an actor profits from gambling and therefore two hearts live in its chest”, Reichert continues.