na szczęście sprawa na razie nie przeszla:
Internet gaming ban fails in Germany
No agreement on legislation to ban internet gambling was reached at a meeting of the 16 leaders of the German federal states on Wednesday. The meeting was held in Berlin with a view to passing legislation that would prohibit private operators from working on German soil.
However, the leader of the state of Schleswig-Holstein, as announced beforehand, refused to sign the proposal while the representatives of the 15 other states signed it in a ‘circulation procedure’. No final draft resolution was signed or agreed on. In addition, the leader of the state of Lower Saxony said in a press conference that any legislation passed by the leaders of the German states would be presented to the European Commission to examine its applicability.
Munich-based law firm Hambach & Hambach has told eGaming Review that although the regional leaders favouring a ban hope Schleswig-Holstein will eventually agree to prohibitive legislation, Schleswig-Holstein's state parliament “has already decided unanimously and instructed the prime minister (of Schleswig-Holstein) to not agree to the current draft, at least until the European Court of Justice (ECJ) made its judgment in the Placanica case, which is due in February or March 2007”. The Placanica case will decide if European state operators can retain their monopolies, as it will rule on whether EU countries can outlaw operators licensed in another member state.
Konrad Miller, attorney at Hambach & Hambach, added that the ECJ is expected to rule in favour of EU-licensed operators. “The ruling would exceed (the) Gambelli (case) in as far as the question, of whether the national monopoly provisions are infringing EU law, would be answered by the ECJ itself and not being left to the national courts,” he said.
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