Appeal is Only Option Left: 2
As Bwin regroups after losing this most recent litigation the next step is to
appeal the decision and take the case to the higher courts. The idea behind the
online casino gambling group’s actions is the theory that when the new
legislation banning foreign online gambling competition is examined it will hold
up to neither the country’s nor the European Union’s policies regarding the free
movement of trades and services between EU member-states. With the announcement
that Bwin lost the case against Lower Saxony comes the preparation for an appeal
– this is really the only option to continue litigation against this region of
Germany.
The ruling in Hanover, Lower Saxony reaffirms the fact that the lower courts are
only going to continue to uphold the questionable legislation banning
competition in the country from online casinos and betting sites. In fact, Judge
Werner Reccius went so far as to note that the courts “have no doubt that the
German state monopoly on Internet betting is legal.” This take on Germany’s
monopolistic legislation is a far cry different from the rest of the world and
European online casinos in particular. The Commission is continuing to negotiate
with the German government at a high level to effectively solve this situation
but if it continues to progress as it is then the case will have to be resolved
through the European Court of Justice – an option that few EU member states
eagerly anticipate.
The Bwin online casino gambling group is fairly undaunted by the legislation –
the company is in it for the long haul and looks forward to the day that Germany
and the other states operating internet gambling monopolies fully embrace an
open European market. |