Sports Betting in Germany – a tied game
Sports Law
On March 4, 2016, the European Court of Justice has again ruled on German Sports Betting regulation (C-336/14). It is important to notice that since 2012 a new interstate treaty on gambling is in place, enabling operators – at least theoretically – to apply for a license. The licensing procedure, however, came to a de facto standstill due to court injunctions (recently: Upper Administrative Court of Hessen – 8 B 1028/15). Without condemning the interstate treaty as such, the ECJ makes it clear that the regulatory regime in Germany is still not in compliance with European Law. We estimate that Operators will continue their business on the basis of legitimate European licenses. Sponsoring and Advertising remain legal (under conditions to be met).