31 March 2015
19 March 2015
|Question for written answer to the Commission |
John Stuart Agnew (EFDD)
|Subject: Germany's Interstate Treaty on Gambling|
|Germany’s apparent ‘gentlemen’s agreement’ (Commission communication SG(2012) D/50777) with the Commission has protected it from an infringement procedure related to its amended Interstate Treaty on Gambling for over two years now. Under the agreement, Germany was obliged to prove the suitability of its gambling law. Although the agreement’s two-year validity period expired on 1 July 2014, no infringement procedure has been initiated to date. This means that a potentially illegal law is still in place.|
1. Have other Member States been granted a gentlemen’s agreement before which delayed the initiation of an infringement procedure?
2. Does the Commission deem the amended Interstate Treaty on Gambling and its implementation to be in compliance with EC law?
3. If not, why has the Commission not taken action by means of an infringement procedure without further delay?
|11 March 2015|
|Answer given by Ms Bieńkowska on behalf of the Commission|
|The Commission continues monitoring closely the implementation of the German State Treaty on Gambling. The modified regime for sport betting is part of that ongoing evaluation. The Commission is aware that the tendering procedure for the award of sport betting concessions is currently still subject to review in the national remedy system. The process of the award of sport betting concessions is considered as part of the overall assessment of whether the objectives in the public interest justifying the restrictions of the German gambling legislation are met in a consistent and systematic manner as stipulated in the case law of the Court of Justice of the European Union (see recently Case C-390/12, Pfleger, judgment of 30 April 2014 paragraph 43).|