In an oral hearing on thursday, the federal court of justice expressed skepticism as to whether the far-reaching ban under the state treaty on gambling is still legal. A decision is to be announced in january.
After the confirmation of the ban on gambling last year, the legal situation has changed, said presiding judge joachim bornkamm. The reason is that since the beginning of the year – still under the old state government of CDU and FDP – schleswig-holstein has withdrawn from the state treaty on gambling. Since then, the country has had its own, much more liberal gambling laws.
"This causes a problem than the case law of the european court of justice makes high demands on the member states," said bornkamm. As far as gambling on the internet is banned, "coherence" must be ensured. Therefore, differences between the federal states could lead to the bans being contrary to european law and thus not being allowed to be applied.
The new, SPD-led government in kiel has already announced that it wants to return to the joint state treaty of the states – but that has not yet been implemented.
The state lottery company of north rhine-westphalia had sued a gambling provider from gibraltar. The latter is to take its online poker and other internet gambling services off the market in germany because this is not permitted under the state gambling treaty.