2008 – The First Interstate Gambling Treaty
With the 2008 Interstate Gambling Treaty (GlüStV 2008), the German federal states aimed to establish a uniform framework for gambling. The main goal was to limit the spread of gambling, prevent addiction, and protect minors.
Key element: a broad prohibition of online gambling. Only state-run offerings, primarily lotteries, remained permitted. Private providers of online casinos, poker, or slot machines were explicitly excluded.
The idea: less availability → less incentive to gamble → less risk of addiction.
The reality: players easily found ways online. Operators licensed in Malta, Gibraltar, or Cyprus opened virtual doors to German customers. Although such offerings were illegal in Germany, they were readily accessible.
Legally, this quickly led to tension: the European Court of Justice (ECJ) had already emphasized in 2006 (the Placanica ruling) that national monopolies are only compatible with EU law if they are coherent and consistent. Critics therefore considered the German model shaky from the outset.
➡ Further reading: Following the BVerfG’s guidelines… Objectives and Origins of the GlüStV (Prof. Justus Haucap, ISA-Guide)
2012 – Schleswig-Holstein’s Special Path
Four years later it was clear: prohibition alone was not working. The 1st Amendment to the Interstate Gambling Treaty (1st GlüÄndStV) was adopted.
It brought two key changes:
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Sports betting was opened up to private operators – but under tight conditions.
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Schleswig-Holstein introduced its own gambling law and issued licenses for online casinos and poker.
The result: a patchwork regime. While players in Schleswig-Holstein could legally participate in licensed online casinos, the same activity was prohibited in the rest of Germany.
Courts issued differing rulings:
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Some considered participation in Schleswig-Holstein-licensed offerings outside the state not punishable.
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Others ruled that an offer without nationwide authorization was unlawful.
For players, this meant legal uncertainty. For operators, it was a dilemma: they held valid licenses – but only for one federal state.
➡ Further reading: Legal Gambling: Online Poker Player Acquitted, Online Casino Player Convicted (ISA-Law)
2018/2019 – An Attempt at Harmonization
The lack of consensus among federal states led to the 2nd Amendment (2nd GlüÄndStV) in 2018.
This was intended to establish sports betting on a nationwide legal basis through a concession procedure.
However: the situation for online casinos and poker remained unchanged. A large legal grey area persisted:
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Sports betting operators often waited years for licenses.
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Online casinos continued under EU licenses, but were formally illegal in Germany.
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Players operated in a zone neither fully legal nor fully illegal.
➡ Further reading: On the Attempts of German Courts – EU Limits on Gambling Regulation (ISA-Law)
2020 – Transitional Regulations
In 2020, the federal states agreed on a transitional model to bridge the gap until the new Gambling Treaty of 2021.
For the first time, online slots and poker were tolerated if providers complied with specific rules:
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A monthly deposit limit of €1,000 per player.
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Connection to the OASIS self-exclusion system.
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Mandatory identity verification of all players.
For providers, this meant operating with a degree of legal certainty in Germany. For players, it was a signal: online gambling was no longer completely forbidden but conditionally permitted – albeit only “on trial.”
➡ Further reading: The New Interstate Gambling Treaty – Quo vadis? (ISA-Law)
2021 – The Interstate Gambling Treaty 2021
On 1 July 2021, the new nationwide Interstate Gambling Treaty 2021 (GlüStV 2021) entered into force.
Key innovations:
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Nationwide legalization of online slots and poker.
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Establishment of the Joint Gambling Authority of the German States (GGL) as the central regulator.
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Introduction of binding rules:
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Monthly deposit limit of €1,000.
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OASIS exclusion system.
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Advertising restrictions (e.g. no advertising for virtual slot machines on TV before 9 p.m.).
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“5-second rule” for online slots.
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For the first time, a clear, uniform structure was created for the market. Operators could apply for legal licenses, and players gained legal certainty.
➡ Further reading: The Risky Game of Higher Deposit Limits under the 2021 Treaty (Dr. Nik Sarafi, ISA-Law)
2024 – Evaluation and Federal State Comparisons
Three years after implementation, the treaty was reviewed. In the 2024 interim report of the Interior Ministers’ Conference, the focus was on the black market, advertising, and sponsorship.
Legal analyses also revealed differing implementation across the states – between monopoly models and concession models.
➡ Further reading: An Assessment of the Regulation and Operation of Online Casino Games (Bringmann & Cesar, ISA-Law)
2025 – Current Questions and Proceedings
Despite the 2021 reform, the legal situation remains in flux. Several European proceedings could fundamentally reshape the market:
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ECJ case C-440/23: concerns whether players who lost money at unlicensed online casinos can reclaim those losses. The Advocate General’s opinion of 1 February 2024 suggests such claims are not inherently abusive.
➡ ECJ case C-440/23: Advocate General’s Opinion (ISA-Law) -
Conclusion
The history of the Interstate Gambling Treaty reflects a constant struggle between the state’s goal of player protection and the reality of a European, digital market.
What began in 2008 with strict prohibition, after years of legal uncertainty and federal fragmentation, evolved into an attempt at comprehensive regulation. Yet even the 2021 Treaty is not the endpoint: current ECJ cases demonstrate that the tension between national regulation and European service freedoms will continue to shape Germany’s gambling landscape in the future.