Appeal against licensing proceedings supsension fails

An appeal by the German state of Hesse against the suspension of the gambling licensing procedures has failed at the Higher Administrative Court Kassel.

The Hesse Ministry of the Interior and Sport had been instrumental in issuing the 20 licences under the Interstate Treaty on Gambling, but some of the operators who didn’t get a licence have appealed against the process at the Administrative Court in Wiesbaden and gained a temporarily halt to proceedings.

Now that Hesse’s appeal against the suspension has failed, there is expected to be an extensive legal assessment of the whole selection process before the granting procedures recommence. Further legal proceedings will most likely last for another couple of months.

According to Tipico, one of the firms who failed to get a licence, the administrative court also clarified that concessions may only be granted to all the selected applicants at the same time. It added: “The current legal position will therefore persist until a final court decision has been made. Moreover, the court stressed that the current 20 concession-receiving candidates shall not be given any preferential treatment, since the legal protection for the other candidates would otherwise be compromised.”

The successful brands under the licensing process were Cash Point, Admiral Sportwetten, ODDSET, Oddsline Entertainment, Primebet International, Electra Works Ltd (Bwin), Digibet Ltd, Bet-at-home.com, Ladbrokes, Bet90, Deutsche Sportwetten, Personal Exchange International (Centrebet), Polco Ltd (Betfair), Intermedia, Bernd Hobiger, RULEO Alpine Country, Racebets International Gaming, Albers Wettbörsen Deutschland, IBA Entertainment (Bet3000) and Star Sportwetten.

However Tipico argues that the limitation to a total of 20 licences constitutes a violation of European law.