The German Federal Court of Justice sets high standards for justifying restrictions on fundamental freedoms – a ruling with potentially far-reaching consequences for gambling regulation in Germany.

When Germany’s Interstate Treaty on Gambling (Glücksspielstaatsvertrag) came into force on July 1, 2021, it was presented as a turning point for the regulation of online gambling.

Düsseldorf - Hambach & Hambach successfully represented two clients against prohibition orders from 2019, issued under the former Interstate Treaty on Gambling by (inter alia) the State of North Rhine-Westphalia.

Gambling legislation in Germany falls within the competence of the federal states. That is why all 16 German federal states have agreed on an Interstate Treaty on Gambling to establish a homogeneous Gambling regulation.

Since July 1st, the organisation of gambling in Germany has been subject to the national framework of the State Treaty on Gambling. The iGaming platform Bookmaker NEXT enables betting providers a quick entry into the legal German betting market with full compliance and support at all levels. Read on to find out how you can start your sports betting business in Germany.

In Germany, the new Interstate Treaty on Gambling (Glücksspielstaatsvertrag) shall replace the current Interstate Treaty on Lotteries (Lotteriestaatsvertrag) on 1 January 2008. Why does Germany not simply pass a Gambling Act? In the Federal Republic of Germany, as is officially called, the 16 German states (Länder) and the federal state (Bund) have different jurisdictions. In the past, gambling and sports betting (with the exception of horse betting) has been regulated by the states (however, the Federal Constitutional Court expressly mentioned the possibility of a new regulation by the Federal Parliament, as sports betting has to be regarded as a business matter).

On 13 December 2006, the state prime ministers of the 16 German states agreed to a new draft of a new Interstate Treaty on Gambling (Glücksspiel-Staatsvertrag) against the single vote of the state prime minister of Schleswig-Holstein, i.e. from a sportive point of view 15 : 1. On 1 January 2008, this new Interstate Treaty shall become effective and replace the current Interstate Treaty on Lotteries, which came into force on 1 July 2004. According to the perception of the agreeing states, this new treaty shall regulate gambling law in a constitutional way after the Federal Constitutional Court’s fundamental decision of 28 March 2006 on sports betting. The new treaty shall explicitly include sports betting (which is disputed with regard to the current Interstate Treaty on Lotteries) and shall contain explicit provisions for casinos.