Court endorses Gauselmann's self-imposed house arrest.
In North Rhine-Westphalia, problem gamblers and gambling addicts are not entitled to a voluntary ban from gambling halls, according to the Higher Regional Court (OLG) in Hamm. The court rejected a lawsuit brought by the player protection organization "Fachverband Glücksspielsucht e. V." against Merkur operator Gauselmann, citing no legal basis.
In a legal battle over the imposition of a self-imposed ban on gaming arcades, the Higher Regional Court in Hamm dismissed the lawsuit filed by the Bielefeld-based player protection initiative "Fachverband Spielsucht e. V." against Germany's largest gaming arcade operator Gauselmann. This decision upholds the ruling of the Bielefeld Regional Court from March last year that there is no legal basis for the self-imposed ban against Gauselmann.
During the hearing, the court acknowledged the valid concerns of the Bielefeld association, made up of former gambling addicts. However, the court determined that there is no legal basis for the group's claim against the gaming arcade giant Gauselmann, best known for Merkur.
Although some states, like Hesse, have already implemented both voluntary and involuntary barring systems for gaming arcades, these systems are always specific to the location and are enshrined in their respective state gaming arcade laws. The State Treaty on Gaming 2012 does not provide any fundamental regulations regarding such processes.
The 4th Civil Senate of the Higher Regional Court is not "a substitute legislator," and therefore, no appeal is permitted against the decision. According to the ruling, appeals can only be lodged via the Federal Court of Justice (BGH) in the future. Since 2016, the ex-gamblers of the trade association have been advocating for a voluntary ban on gaming arcades for their protection, but Gauselmann has strongly opposed this idea and deemed it as utopian and logistically impractical.
The Gauselmann Face Check
Mario Hoffmeister, Head of Central Communications at Gauselmann, is relieved by the "rejection of the trade association's request." Hoffmeister sees the ruling as "the legal opinion" of the Gauselmann Group confirmed. He also defends the company against accusations of inadequate player protection, highlighting the effectiveness of their state-of-the-art, automated player protection measures, which have been implemented in several German states.
Hoffmeister particularly emphasizes the "Gauselmann Face Check System" – a facial recognition program that identifies Gauselmann customers based on biometric data and categorizes them based on their gaming behavior. As a "responsible arcade operator," Gauselmann relies on this technology as a means of player protection. The system, which has been successful with problem gamblers and the prevention of gambling addiction, is operational in more than 18 gaming arcades in Baden-Württemberg.
"It's working great," says Hoffmeister. He is proud of the system's success, particularly in terms of minimizing the number of pathological gamblers.
However, the association against gambling addiction is not enthusiastic about Gauselmann's high-tech player protection. The group has long accused Gauselmann of manipulating player protection and the authorities using its own automation technology. The company recently came under fire for the construction of a fully automated Merkur casino in Halle (Saale), due to open in August, which they describe as a classic, automated casino with up to 120 gaming machines and virtual poker and roulette equipment, but no full-time staff.
Interestingly, the prevention officer for gambling addiction at Merkur-Sonne is also the Gauselmann managing director David Schnabel. Player protection remains a matter for the management. It remains to be seen how the Bielefeld-based gambling addiction association will respond to this latest defeat at the Higher Regional Court in Hamm after their two-year-long battle.
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Source: www.onlinecasinosdeutschland.com
