Further delays for Schleswig Holstein internet gambling licenses?

News on 30 Mar 2012

The path to sensibly regulated and licensed online gambling in Schleswig Holstein appears to have taken another unexpected turn with the news that licensing of what has been described as “many sports betting and gaming applicants” could be delayed by another three months.

The latest hiatus surfaced in an excellent summary of the German situation written on March 23 by Olswang legal expert Christoff Enaux at:

http://www.olswang.com/articles/2012/03/despite-developments-in-germany,-the-regulatory-situation-remains-unclear/

In it, Enaux advises that there could be a delay of up to three months whilst the European Commission considers the proposed Schleswig Holstein monitoring arrangements.

The situation is complicated by further political developments due to take place in the breakaway German state later this year, when government could fall back into the hands of the opposition SPD party, which has vowed to end Schleswig Holstein’s independent approach to online gambling and take the state back into the proposed interstate German Treaty supported by the 15 other German states.

Practically that could present a slew of legal problems, but it remains a possibility.

Our readers will recall that Schleswig Holstein broke ranks with the other German states in order to develop its own approach to regulated and licensed online gambling. The sensible regulatory system that evolved has received the blessing of the European Commission in a previous submission.

The EC’s approval has not been so forthcoming in the case of the new German Treaty proposed by the other 15 states, which is considerably more nationally biased and restrictive.

The rather woolly wording of the latest EC pronouncement on the proposed Treaty has created uncertainty, with the German states interpreting it as an end to the compulsory notification process, allowing them to forge ahead, whilst opponents of the Treaty claim it rejects the German proposals as being non-compliant with EU law.

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