Legal problems with the planned Lotterie convention

(openPR) - the Prime Ministers of the 16 German Lands of the Federal Republic saw themselves on Wednesday, 13 December 2006, against the voice of the Prime Minister from Schleswig-Holstein, i.e. sportily to 15: 1, united on the draft of a new Lotterie convention. This new convention is to replace the present, to 1 July 2004 into force stepped Lotterie Staatvertrag to 1 January 2008. After the conception of the approving countries thereby the gambling right is after the sport bet decision of general principle of the Federal Constitutional Court of 28. March 2006 to be condition-conformal again regulated. The contract is to regulate for this also expressly sport bet bets (which with the present convention is contentious) as well as certain regulations for gaming houses contain. Not again to be regulated however the particularly look for-relevant gambling automats.

After the will of the 15 approving Prime Ministers a national sport bet and gambling monopoly in Germany are to apply for further four years. A licensing model supported and, which plans a permission of private organizers, suggested from several sides, was rejected by the majority.

Both the procedure as well as contents of the planned convention are legally most problematic. The following legal aspects are to be considered thereby among other things:

Compatibility of the market bulkheading with European right

Both that the present as well as the planned convention lead to a bulkheading of the German gambling market opposite offerer from other member states of the European union (European Union) and the European marketing area (EWR). Only German national or state near offerer may offer right-moderately sport bets and gambling, while both private are forwards held as well as national offerers from other member states further by the monopoly outside. Internet offers, which are suitable straight for a transnational offer, are to be forbidden without material reason.

This of the countries obviously intended market bulkheading offends in particular against the service liberty and is not compatible with EUROPEAN UNION and EWR right.

Are the constitutional defaults of the Federal Constitutional Court fulfilled

With a convention a right situation uniform for all Lands of the Federal Republic is to be created. A convention, which not all countries agree, does not lead to a split legal situation into Germany and thus straight to a coherent legal regulation systematic comprehensible in itself and. A such coherent regulation for the entire gambling range is however constitutionally necessary for the maintenance of the monopoly. The defaults of the Federal Constitutional Court in the basic judgement of 28. March 2006 are not fulfilled to valid convention by one not in all countries.

May the private competition be abolished

The planned convention does not consider the trust-legal doubts of the Federal Cartel Office. This had stressed several times that the private, already now already „remainder competition pushed to the edge “will receive had. The planned complete abolishment of the private competition is not compatible both with German as well as with European competition right. The higher regional court Duesseldorf noted in the trust-legal express procedure again expressly that convention cannot set European trust right repealed. A temporary agreement with one period of only one year might constitutionally not be durable.

Is the 13/16-Regelung permissible

The draft of the convention plans that it already steps with a ratification by 13 of the 16 land parliaments into force. This is not compatible with the principle of the federalism and hurts the rights of the land parliaments. Remains open, which happens in and with up to three the countries, in which the convention then not into force steps.

What happens with the present Lotterie convention

Each contract, also the present convention, can be waived and amended by unanimous resolution. Without appropriate mutual consent only one notice is conceivable. The present convention plans a notice in § 17 with one period from two years to the conclusion of one calendar year, with a first notice possibility to 30 June 2014. The other countries cannot relieve themselves also with a clear majority decision simply of their obligations opposite the contracting party Schleswig-Holstein.

Result: If the majority of the Lands of the Federal Republic should to be continued as planned with the Verabschiedung and conversion of the new convention, this might lead to substantial judicial argument on German and European level.

Law office ARENDTS of LAWYERS,
Perlacher STR. 68, D - 82031 green forest (with Munich)
Tel. 0700/W E T T R E C H T
Tel. 089/64 91 11 - 75; Fax. 089/64 91 11 - 76
E-Mail: wettrecht@anlageanwalt.de

Editorship:

Attorney Martin Arendts, M.B.L. - HSG (martin.arendts@anlageanwalt.de)
(press-legally responsible)
c/o ARENDTS of LAWYERS, Perlacher STR. 68, D - 82031 green forest

ARENDTS of LAWYERS is one on luck play and right specialized law office.

Dieser Artikel wurde veröffentlicht auf
OpenPR - http://openpr.de/news/112756/Rechtsprobleme-bei-dem-geplanten-Lotterie-Staatsvertrag.html