The Court of Appeal of Munich (Oberlandesgericht München), in its decision of 26 September 2006 (case no. 5 St RR 115/05), on an appeal on a point of law, affirmed exemption from punishment for transferring sporting bets on the basis of the current legal situation and practise. The Court of Appeal of Munich explicitly abandons the former case law of the Bavarian Supreme Court of Appeal (Bayerisches Oberstes Landesgericht). In its reasoning, the court invokes the Gambelli decision of the European Court of Justice and establishes.