German Leaders Seek Online Casino Ban as ECJ Ruling Lingers
by Ryan O'Donnell, News Staff Writer
December 15, 2006

The latest attempted crackdown against the online casino gambling industry is brewing in Germany, where a recent meeting of sixteen German federal state leaders centered around the notions of issuing an online gaming prohibition of sorts. Although the measure was not unanimously passed (Schleswig-Holstein was the lone dissident to not agree with the legislation), the German state leaders are still hoping to agree on a final resolution, which would then be passed onto the European Commission for a closer look at the legitimacy of the provisions.

The nature of the prohibition is not as extreme as that of the recent anti-online gambling legislation passed by the United States Senate. It seems the main objective of the meeting is to not prevent German citizens from participating at online casinos - although that could very well be an anticipated reciprocal effect - but rather, to prohibit online casino and gaming operators from conducting business within Germany itself.

The matter is quite sticky, considering the current state of gambling affairs in the European Union. The European Court of Justice (ECJ) will be making another monumental decision that will effect the future of state-run gambling monopolies in European Union states in February of 2007. The decision will set the precedent on whether EU countries can legally ban casino gaming operators located in other EU states from offering their services to cross-border residents. In other words, the decision will either take down current gambling monopolies or further protect them.

Legal analysts have been watching the industry closely in Germany. Konrad Miller, who is an attorney at Hambach and Hambach, said they are confident the ECJ will rule against state monopolies, and that casino gambling operators licensed in European Union states will have more freedom to offering bets across state lines. A decision of this sort would likely put a damper on the attempt by German state federal leaders to prohibit online gambling within German borders.

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