German Courts Deliver Diverging Judgments

The widening gulf between European community law and domestic gambling law has again been demonstrated this week in Germany, where courts have taken radically different positions on two separate gaming industry cases.

Germany's top constitutional court upheld has upheld a state-run casino monopoly in Bavaria but an administrative court in Saarbrücken has decided to back the rights of private betting agents to continue their business, in a judgment that refers extensively to ECJ case law.

The Karlsruhe-based Federal Constitutional Court said on Thursday that the Bavarian law restricting casino licenses is intended to combat addiction and doesn't violate German law.

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