The Administrative Court raised doubts whether the prevention of compulsive gambling and the protection of minors, which were put forward as a justification of the Interstate Treaty, really justify the exclusion of private operators. Other forms of gambling, e. g. gambling machines, are not restricted in the same way. Under EU law, this inconsistent regulation is problematic.
After the seven already pending preliminary proceedings brought by the Administrative Courts of Cologne, Giessen and Stuttgart, the Administrative Court of Schleswig is the fourth German court to refer a sports betting case to the ECJ. As reported, the ECJ has joined the six cases from Giessen and Stuttgart. The new proceeding from Schleswig expressly refers to the new legal situation according to the Interstate Treaty, which became effective as of 1 January 2008, and the still incoherent and inconsistent regulation of gambling in Germany.