The present Interstate Gambling Treaty expires at the end of 2011. Therefore and since the present legislation has been criticized severely by the European Court of Justice the Federal States of Germany have to establish a new gambling law (for further details please see my article http://www.isa-guide.com/law/articles/33481.html). The Federal State of Schleswig-Holstein made the first step in September and passed a new gaming legislation.
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News from 31.10.2011
In a Ministerial written statement of 14th July 2011, John Penrose MP, the Minister with responsibility for gambling has confirmed the UK Government's intention to pass primary legislation to amend the Gambling Act 2005 to revise the UK's approach to remote gambling licensing. This much delayed but widely anticipated response to the public consultation initiated by the last government cites consumer protection concerns arising from the fact that, as a result of the current British law...
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News from 04.08.2011
On 3 December 2009 the Belgian Parliament adopted the new Belgian Gaming Act, entered into force on 1 January 2011 even though its implementing provisions (Royal Decrees of execution) had not been adopted given that the Belgian government was outgoing. Further to the new Gaming Act, online gambling licenses may only be issued to land-based operators already operating in Belgium under an A, B or F1 license (the so-called "offline requirement”). They are therefore referred to by the legislator as "supplementary licenses”.
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News from 02.08.2011
In its third attempt it should now be successful: the revised law ("Glücksspieländerungsstaatsvertrag”) shall implement the legislator's objectives definitely, legally secure and in line with the constitution as well as with European law: regulation of the market, protection of the consumers against gambling addiction and securing government revenue, even though seven private licensees will be given a slice of the pie. Not only in view of the present opinion of the European Commission of July 18, 2011 on the revised draft it remains doubtful whether these and further objectives will be achieved.
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News from 20.07.2011
The new Gambling Act (Geldspielgesetz - GSG) and the Casino Ordinance (Spielbankenverordnung - SPBV) of the Principality of Liechtenstein allow the operation of a casino. Today, the government authorised the call for tenders. Until an evaluation report will be published, only one license will be granted. Applications for the license have to be filed by 31 March 2011, 4:30 p.m.
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News from 10.02.2011
The legal basis of the Dutch gaming policy can be found in the Dutch Betting and Gaming Act 1964 (hereinafter: "
Gaming Act”). The Gaming Act stipulates that offering games of chance or promoting games of chance without a licence is prohibited. The Gaming Act includes an enumeration of the specific games for which a licence can be granted. The only types of licence available are those expressly stated in the Gaming Act and currently does not include remote gambling licences.
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News from 27.01.2011
An analysis of the following essays: Streinz/Kruis: "Unionsrechtliche Vorgaben und mitgliedstaatliche Gestaltungsspielräume im Bereich des Glücksspielrechts" (Requirements under union law and discretion of the member states with regard to the design of gambling law) (NJW 2010, 3745 et seq.) and Heine: "Glücksspielstaatsvertrag ade? – Zur Bedeutung der jüngsten EuGH-Rechtsprechung" (Goodbye to the Inter-State Treaty on Gambling? - On the consequences of the latest ECJ judgments) (NJW-aktuell 41/2010, 16 et seq.)
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News from 20.01.2011
In US, the Washington State Supreme Court ruled unanimously last week that the western state's current ban on online gambling does not violate the Federal commerce clause of the US Constitution. Seattle lawyer Lee Rousso had challenged the state's prohibition on the grounds that it put an impermissible burden on interstate and international commerce while favouring land-based venues over their online rivals.
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News from 01.10.2010
The Council of Ministers of Spain has approved on Friday 17 September the draft of the Gambling Act. After the meeting, the first and second vice presidents of the Executive, Teresa Fernandez de la Vega and Elena Salgado explained the details of the bill. The future Gambling Act will regulate all forms of gambling, especially new forms of gambling as Internet gambling, by mobile phone, interactive systems or software tools.
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News from 21.09.2010
After the ECJ's decision in case C-46/08 Carmen Media, the German gambling monopoly has come to an end. In its decision given today, the ECJ makes it clear that the Verwaltungsgericht (Administrative Court) of Schleswig, in its resolution of 30 January 2008 referring the case for a preliminary ruling, correctly reached the conclusion that the German gambling regulation is not in compliance with Union law (see press release dated 31 January 2008).
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News from 10.09.2010
Austrian legislation establishes a State monopoly over games of chance, with the effect that the right to organise and operate games of chance is, in principle, reserved to the State. The federal law in force is intended, in particular, to regulate games of chance with a view to their supervision and to enable the State to derive the maximum amount of revenue from them. The Federal Minister for Finance is permitted to grant a total of 12 concessions entitling their holders to organise and operate gaming establishments.
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News from 09.09.2010
In Germany, jurisdiction over gambling is divided between the federal State and the Länder. In most of the Länder, there is a regional monopoly for the organisation of sporting bets and lotteries, while the organisation of bets on horse racing and the operation of gaming machines and casinos are entrusted to duly-authorised private operators.
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News from 08.09.2010
Olympia, Washingtom - All bets are off at Betcha, a Seattle-based online bookmaker that couldn't skirt the state's gambling laws by making it optional for losing bettors to pay off wagers. In a unanimous ruling Thursday, the Washington state Supreme Court said Betcha.com qualified as an illegal bookie because it arranged bets and took a percentage of the action as a fee.
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News from 06.09.2010
After debating for two hours, the House of Representatives passed late yesterday afternoon a contentious bill legalizing casino operation on Saipan, just two years after voters rejected a similar initiative. Speaker Froilan C. Tenorio's House Bill 17-55, House Substitute 1 passed on a 10-6 vote with three abstentions. His substitute bill increases the share of casino gaming revenue for Rota and Tinian, from only 2.5 % each to 25 % each. Saipan will get 50 %.
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News from 26.08.2010
The Spanish Official State Gazette (BOE) has published the Betting and Gaming Act of the Autonomous Community of the Canary Islands, which estates a new regulatory framework for Internet gambling and casino. The new law was passed unanimously by the Parliament of the Canary Islands on 7 July. This rule repeals the 1999 Act. The new law provides that the opening of bingo in the Canary Islands is obliged to be subject to a public tender as well as casinos, horse tracks, dog tracks and pelota courts.
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News from 23.08.2010
Following the conviction of an illegal supplier of gaming machines, the Gambling Commission has warned that it will prosecute those who persist in supplying gaming machines illegally. The warning follows the successful prosecution under section 242(1) of the Gambling Act 2005, at Bootle Magistrates' Court last week. The court found Peter Croome guilty of 24 counts of making gaming machines available for use without an operating licence.
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News from 16.08.2010
Thursday, 23. February
Schleswig-Holstein vs. the other Federal States of Germany – Agreement on new Gambling Law?
UK government announces proposed changes to remote gambling licensing
Online Gambling in Belgium - Recent Developments
Principality of Liechtenstein: Call for Tenders for a Casino License
Reform online gambling legislation in the Netherlands?
Washington upholds online gambling ban
The gaming draft bill passed with unanimous support in the Spanish parliament
Judgments of the Court of Justice in Case C-64/08 - Criminal proceedings against Ernst Engelmann
Saipan casino bill passes House of Representatives
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