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Online Gambling Lawyer
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Volume: 17 Issue: 1
(January 2018)

munich administrative court delivers surprising judgment bavarian lottery case recent decision administrative court munich ( ‘court declared bavarias state

EU Europe Germany

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Munich Administrative Court delivers surprising judgment in Bavarian lottery case

In a recent decision, the Administrative Court of Munich (the ‘Court’) declared Bavaria’s state monopoly on lotteries to be in violation of EU law, in what might be seen as a surprising decision by the usually state-friendly courts in Bavaria. In the ruling in the case brought by a Bavaria-based company that wished to operate weekly lotteries, the Court found that the state monopoly is not consistently implemented with regard to the achievement of statutory social policy objectives and, therefore, cannot be justified in restricting the freedom of services and of establishment under the Treaty on the Functioning of the European Union. Dr Matthias Spitz of Melchers explains the Court’s reasoning and the implications for the marketing of lottery products in the state, and indeed for the existence of state lottery monopolies.

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