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Other topics related to... : Youtube blocks all gambling channels (Page 8)

Topic created on 09th Jan. 2018 | Page: 8 of 12 | Answers: 111 | Views: 25,720
Stromberg
Legend
Spielotheka wrote on 15.01.2018 at 15:14
Germany is just an absolute shithole country.

ðŸ˜'

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Matthias
Expert
Spielotheka wrote on 15.01.2018 at 14:57: It's not about where something is operated from, but which country it is intended to reach. And all the Novoline or Merkur casinos are also all sitting with their license in Malta

That may even be that various casinos have a Malta license, however, Merkur and Novomatic is most likely withdrawing from the German market, because they are hoping that in the event of legalization then also get a gambling license in Germany.
Those who are active on an unregulated market Risk not getting a gambling license as soon as the time comes.

The fact is, to our knowledge, not a single casino has been legally prosecuted for offering gambling in Germany so far, so you can't assume that casinos are really "afraid". The likelihood is much higher that the casinos that are withdrawing from the German market are certainly only doing so for the reason of possibly being able to come back later and say "we were never active on a black market, we were always reputable".

Furthermore, GambleJoe is not (yet ) a casino, but merely a website where you can get information about various gambling topics.
Even though this website is offered in German language, it does not mean that we are judged by German law, because we do not offer any paid services or products for our users.

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RiverSong
Legend
Matthias wrote on 15.01.2018 at 15:19: That may even be that various casinos have a Malta license, however, Merkur and Novomatic is most likely to withdraw from the German market, because they hope to get in the case of legalization then also a gambling license in Germany.
Those who are active on an unregulated market Risk not getting a gambling license as soon as the time comes.

quite clever from this you could conclude that some kind of legalization is coming soon and some, as always, already know more

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Anonym
Matthias wrote on 15.01.2018 at 15:19
Spielotheka wrote on 15.01.2018 at 14:57: It's not about where something is operated from, but which country it is intended to reach. And all the Novoline or Merkur casinos are also all sitting with their license in Malta


The fact is, so far, to our knowledge, not a single casino has been legally prosecuted for offering gambling in Germany, so you can't assume that the casinos are really "afraid".

Well then, let's let the facts speak for themselves!

The Federal Administrative Court in Leipzig had certified the illegality of two gambling providers from Malta in October. To be read here: http://www.bverwg.de/pm/2017/74
And in December 2017, there was a clear decision against a well-known Affiliate from the gambling industry in the same city before the VG there. So much for the topic...

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Matthias
Expert
Spielotheka wrote on 16.01.2018 at 08:17
And in December 2017 there was a clear decision against a well-known Affiliate from the gambling industry in the same city before the VG there. So much for...

Would you be so kind and post me a link to this?

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Anonym
Matthias wrote on 16.01.2018 at 08:59
Spielotheka wrote on 01/16/2018 at 08:17
And in December 2017 there was a clear decision against a well-known Affiliate from the gambling industry in the same city before the VG there. So much for...

Would you be so kind and post me a link to this?

No. But the info is first hand!
And who knows me, knows that I do not use to jokes.

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Daniel
Elite
Spielotheka wrote on 01/16/2018 09:19
Matthias wrote on 01/16/2018 at 08:59
Spielotheka wrote on 16.01.2018 at 08:17
And in December 2017 there was a clear decision against a well-known Affiliate from the gambling industry in the same city before the VG there. So much for...

Would you be so kind and post me a link to this?

No. But the info is first hand!
And who knows me, knows that I do not use to jokes.

Can you give me more info on this and send an email directly to daniel[at]gamblejoe[dod]com?

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Anonym
Strictly speaking, this is already trend-setting: BGH: Internet ban on three types of gambling confirmed
10/30/2017

The Federal Administrative Court in Leipzig has ruled that the ban on organizing or brokering casino, scratch card and Poker games on the Internet is compatible with constitutional and EU law, even after the partial opening of the "Internet" distribution channel for sports betting and lotteries.



The plaintiffs, who are based in Malta and Gibraltar, objected to prohibition orders under gambling law. They offered casino, scratch card and poker games on the Internet. The plaintiff in the BVerwG 8 C 18.16 proceedings also offered online sports betting without holding a license under the State Treaty on Gaming. The Administrative Court of Baden-Württemberg allowed the plaintiffs' appeal against the dismissal of their actions and overturned the prohibitions. The appeals of the defendant state were successful.



The Administrative Court's assumption that the types of gambling expressly mentioned in the prohibition orders should have been described in detail overstretches the requirements of the principle of certainty. In addition, the Administrative Court wrongly assumed that a prohibition order is arbitrary even if the authority is obliged to intervene if it is not based on a predetermined concept of intervention.



The Administrative Court's annulment of the prohibitions is also not correct in its conclusion. With the exception of sports betting and lotteries, organizing and brokering public Games of chance on the Internet is prohibited and must be prohibited accordingly. This Internet ban does not violate the freedom to provide services under EU law.



This has already been established by the Court of Justice of the European un ion and the Federal Administrative Court with regard to the previous general Internet ban due to the particular danger of gambling on the Internet compared with conventional gambling (including unlimited availability of the offer, convenience, lack of protection for minors).



The fact that the State Treaty on Gaming now provides for a strictly regulated offering of sports betting and lotteries on the Internet gives no reason to change this case law. This limited legalization is intended to steer the population's gambling instinct into orderly and supervised channels and to combat the black market for gambling on the Internet.



Furthermore, the prohibition of online sports betting challenged in the BVerwG 8 C 18.16 proceedings is not objectionable because the plaintiff does not have the necessary license and had not applied for one. This can be held against it because the requirement of a license is compatible with constitutional and EU law. The provisions of the State Treaty on Gaming on the granting of licenses for the organization and brokerage of sports betting do not discriminate against operators established in other Member States. They are formulated in a sufficiently clear, precise and unambiguous manner and set limits to the selection discretion to a sufficient extent.



BVerwG 8 C 14.16 - Judgment of October 26, 2017



Previous instances:
VGH Mannheim, 6 S 1406/14 - Judgment of May 27, 2016 - VG Karlsruhe, 3 K 576/10 - Judgment of November 03, 2011 -



BVerwG 8 C 18.16 - Judgment of October 26, 2017
Previous instances:
VGH Mannheim, 6 S 1426/14 - Judgment of September 08, 2015 - VG Karlsruhe, 3 K 386/10 - Judgment of November 03, 2011 -


Source: Press release of the BVerwG dated 27.10.2017


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Anonym
The complete decision on this BVG ruling will then be made public in February.
The second decision of the VG, which I mentioned here, will take a little longer with the publication. However, I already know the content.

As I said, it does not matter where the company is located, but which market you advertise.

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Christoph
Experienced
Hello Spielotheka,

please don't get me wrong now, but I would be interested to know how you get decisions or rulings that are not yet public? So far, everything that is reported on the subject is very vague. Therefore, I would be particularly interested in the sources at this point.

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