by Martin Arendts
The Administrative Court of Schleswig (Schleswig-Holsteinisches Verwaltungsgericht) has referred a sports betting case to the European Court of Justice (ECJ). Plaintiff in the main proceeding (file no. 12 A 102/06) is a remote gaming operator, licensed in Gibraltar. The gaming operator which wants to offer its services also in the State of Schleswig-Holstein, filed an application. This application was rejected by the state, citing the monopoly for sports betting and gambling. The gaming operator relied on the freedom to provide services, as guaranteed by the EC Treaty.
After the seven preliminary proceedings brought by the Administrative Courts of Cologne, Giessen and Stuttgart, the Administrative Court of Schleswig ist the fourth German court to refer a sports betting case to the ECJ. As reported, the ECJ has joined the six cases from Giessen and Stuttgart.