The representative of the gambler side would have already wanted a judgment by the Federal Court of Justice. But he called the ECJ. “On the one hand, this is unhappy for consumers who are waiting for a result and cheap for the providers who can keep more and more money, the longer it takes. On the other hand, it is of course great that there is a binding clarification from the Supreme European Court,” said Beuck, who does not expect a clear black and white decision. The ECJ will neither decide for nor against a party. The Court of Justice will work out whether the freedom of service in Europe requires that providers in Germany were able to offer fundamentally banned online sports betting. He considers it “very unlikely” that the ECJ set up rules to the disadvantage of the players.
Rather, he sees another starting point: content misconduct, such as the 1,000-euro deposit limit for customers, which does not contain the 1,000 euro deposit. Buck: “This will not be negotiated in the current procedure.
The fact that even according to a ECJ judgment that is per betting provider does not stop, so that Tipico lawyer Reichert also calculates: “Most of these complaints are managed by process financiers and specialized lawsuit. This is a business model behind which an entire industry is hidden.
The lawyer confirms: “In any case, the providers strive for a comprehensive clarification of the legal situation in order to finally close this door. The aim is to turn on the rooster of this industry.”
Reichert is not good to speak on the behavioral German gaming authorities, which only approved the current legal disputes through an unclear regulation before 2021: “The countries act in a double role here. They earn on the monopoly and have therefore almost always done what they had to do – forced by dishes. Permissions for the sports bet. “
The experienced lawyer clearly says: “For me, the Gambling State Treaty 2021 was the first serious attempt to do better. But at least for the time before, the Federal Republic of Germany is responsible for the consequences of legal uncertainty.”
Now legal certainty is to be created by the highest European court. However, all parties have to be patient until the ECJ decision. While Reichert is expecting a final judgment for early summer 2026, Beuck hopes that a clarification will come “this year”.