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Questions and answers on the “Gambelli-Case” |
• How does Gambling concern the European Court of Justice (ECJ)?
Even the previous jurisprudence of the ECJ regarded the provision of gambling as a commercial activity in terms of the EC-Treaty (we are, after all, talking about money). Restrictions the freedom of services guarantee as g by the EC-Treaty must therefore “be justified by imperative requirements in the interest of the common good, be suitable for achieving the objective which they pursue and not go beyond what is necessary in order to attain it. They must in any way be applied without discrimination” (Gambelli Judgement, margin no. 65) |
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The Administrative Procedure in Germany |
The administrative procedure starts with the authorities’ decision to take action regarding specific facts (Art. 22 VwVfG).
One distinguishes between facts upon which the authorities are obliged to initiate the procedure ex officio, and facts which require a request (Antragsverfahren). Practically all procedures aimed at obtaining a license – such as requests for the licensing of conveying and operating sporting bets – are administrative procedures provided upon request.
The request (Antrag) has to be filed with the competent authority. In the case of the request for conveying and operating sporting bets this is the ministry of the interior of the respective state as the supreme state authority.
Although the mandatory content or specific grounds for the request are not required by law, they nonetheless constitute the core of the administrative procedure: The more thoroughly and well founded a request, the higher the chances are that the authorities will thus be influenced in their decision.
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Overview Art. 284 German Penal Law |
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A graphical overview over the system of Art. 284 German Penal Law |
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Europarechtliche Prüfung des grenzüberschreitenden Angebots von Sportwetten |
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Grafische Übersicht zum europarechtlichen Aspekt Gambelli-Darstellung-040826.pdf |
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The European Union and its Impact on State-Licensed Gambling Monopolies |
Do gambling monopolies still focus on limiting gambling behaviour or will they lose their status as monopolies? - A Report by Martin Ölbermann of MECN
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Liberalisierung des Wettmarkts in Deutschland? |
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Die Elferwette wird in der neuen Saison um zwei Partien aufgestockt. |
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