Administrative Court of Munich once again grants relief from judicial execution of a prohibition order

Rechtsanwalt Martin Arendts, M.B.L.-HSG

Arendts Rechtsanwälte
Perlacher Str. 68
D - 82031 Grünwald (bei München)
Tel.: +49 89 649111-75
Fax: +49 89 649111-76
E-Mail: martin.arendts@anlageanwalt.de
The Bavarian Adminstrative Court of Munich (Verwaltungsgericht München) has once again granted relief from judicial execution to a sports betting agent, this time against a prohibition order of the Free State of Bavaria (decision of 7 April 2008, file-no. M 16 08.1128). The agent, represented by Arendts Anwälte law firm (www.wettrecht.de), can therefore continue to transfer sports betting wagers to a privately owned bookmaker, licensed in the EU. As already mentioned in German Gaming Law updated no. 99, the Administrative Court of Munich has recently changed its existing line of reasoning and, in view of the outcome in the main issue, which it regards to be open, now grants relief from judicial execution to agents with the nationality of an EU member state.

In the opinion of the Administrative Court of Munich, the main proceedings will have to establish whether the normative standards under the Interstate Treaty on Gambling and its Bavarian implementing laws as well as the measures adopted by the Bavarian State Government complied with the ECJ’s requirements for fundamental rights limiting “gambling policies”. The Administrative Court of Munich enjoined the sports betting agent to file for a license. One could reasonably expect from the sports betting agent – this being sufficient at the same time – to make an effort in order to obtain a license and, if need be, to seek judicial clarification after the proceedings of interference (administrative proceedings reviewing an individual administrative decision upon a protest by the party aggrieved) had ended.