20 January 2007

District Court of Nuremberg-Fürth acquits sports betting agent

The District Court of Nuremberg-Fürth (Landgericht Nürnberg-Fürth), by decision of appeal of 14 December 2006 (file no. 14 Ns 372 Js 11605/2005), acquitted a sports betting agent on the charge of having engaged in illegal gambling (Art. 284 German Criminal Code).

The court declared in its decision that it now follows the reasoning of the Court of Appeal of Munich (Oberlandesgericht München), it had postulated in its decision of 26 September 2006 (file no. 5 St RR 115/05) as court of last resort. The Court of Appeal of Munich based its decision not to judge the transmission of sporting bets to a bookmaker, licensed in another EU Member State, as a criminal offence particularly on the supremacy of Community law. The District Court declared that all chambers of appeal and meanwhile even the public prosecutors subscribe to this view.

German Gaming Law updated No. 57

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