Live betting judgment affirms ban for VG Hannover
The Hanover Administrative Court, or VG, has maintained the existing ban on live event betting during ongoing sports matches. The ruling is based on the Interstate Treaty on Gambling (GluStV). Albers, a traditional German bookmaker, intends to appeal the decision and the betting provider could face insolvency.
The ban specifically affects live betting on match scores at any moment in the game and on goals during stoppage time. Bets on half-time and final match scores are still allowed after the event starts, in accordance with the State Treaty on Gambling from 2011. The administrative court in Lower Saxony's capital, Hanover, recently reached this conclusion (07.05).
The judge justified the decision by stating that a goal is different from a final score. The chairman of the 10th chamber also ruled that betting on individual goalscorers is banned. The court upheld the ban on so-called live and event betting.
The decision includes the ban on offering sports betting within casinos and gaming arcades, which remains in force. The lawyer cited the separation requirement of the GluStV, which mandates separate buildings for 'classic gambling' and sports betting for player protection and addiction prevention purposes (GluStV Sections 3 (1) and 21 (2) and (4)).
Albers Sidelined
Albers, a bookmaker based in Hanover since 1970, found itself in legal trouble following two orders from the Lower Saxony Ministry of the Interior against it. The company was accused of arranging illegal sports bets.
As a result, Albers Wettannahmen GmbH was specifically prohibited from offering live betting and was also barred from brokering general sports betting within its own gaming arcade. When the political apparatus sanctioned the sports betting provider with a double "penalty notice" of 10,000 euros each, the provider was forced to file a lawsuit against the enforcement.
"There's a double standard here. There's no protection for national providers," says Norman Albers, the company's managing director. Despite the ban on live betting, it's still thriving online. However, due to lack of control in Lower Saxony, online competitors can operate freely, causing frustration for Albers.
The current ruling by the VG Hanover makes Albers' complaint inadmissible and then dismisses it. Hanover based its decision on the analysis of a previous case by Lüneburg Higher Administrative Court, where Albers first filed their grievance.
The Albers bookmaking family, which has run their business since 1949, now in its third generation, faces potential liquidation, especially considering the upcoming World Cup in June. The management expresses despair and anger at their predicament: "How can I not be allowed to bet on Füllkrug scoring the next goal?" rants Albers.
In no other state are the laws as strict as in Lower Saxony. The second-largest federal state in Germany treats gambling bans "in salami-slicing tactics", whereas in states like North Rhine-Westphalia or Saxony, there's no issue.
The legal authorities in Hanover sympathize with Albers' unfortunate market situation but see themselves legally bound: "We're not choosing to apply the law; we're only implementing it."
Defiance in the Face of Tradition
In reality, Lower Saxony is far from being a safe haven for a national betting provider: the state, home to about 8 million people, banned non-state brokerage of sports betting entirely in 2009. Albers had to put their sports betting products on hold. After the European Court of Justice ruled that German sports betting monopolies were illegal in 2010, only Lower Saxony maintained the ban.
The severe ruling led to Albers filing for insolvency in 2011 due to uncompensated losses. However, in 2012, Lower Saxony granted Albers Wettannahmen GmbH the first private sports betting license in Germany. The company has since recovered and has branches in Bad Harzburg, Hildesheim, Hamburg, Bremen, Magdeburg, Dresden, and Braunschweig. It operates gaming arcades in those locations, employing over 200 people.
Norma's almost seventy-year history is like a wave pattern, always swinging up and down. Despite difficult times, this traditional bookmaker has managed to overcome every hurdle. But now, their survival is threatened once again, and strangely enough, they seem to have an instinctive edge in this matter.
To counter the fast-growing and unregulated online gambling industry, Norman Albers decides to take on a new challenge - requesting permission to appeal in court. Reports say that the application has already been filed.
Norman's enemy will most likely stay away from this battle as well and prefer to relax on a beach in Malta or Gibraltar instead. How strong must his opponent be if even the government of Lower Saxony fears consistent regulation?
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Source: www.onlinecasinosdeutschland.com
