GGL network ban thrown out in court
For the second time in court, the Joint Gaming Authority of the Federal States has failed against the ban on online casinos. The Rhineland-Palatinate Higher Administrative Court dismissed the lawsuit last year, and the Düsseldorf Administrative Court has now confirmed that it violates EU law. The gambling company had to take another hit and realize they are not above the law. In the first method, the Gaming Authority wants ISPs to actively block the use of their IP addresses. However, he was unimpressed. Now it should finally be clear that the authorities have to find other ways to force illegal providers off the internet.
The court rejected GGL's demand for a network block as unlawful
Since this year, the gaming supervisory authority has assumed overall responsibility for the implementation of all the requirements and laws of the GlüStV 2021. However, it does not take into account the objections and legal bases of online service providers. Lottoland will receive its first web ban until the end of 2022, when it no longer offers its services on the German Internet. Attempts to ask the ISP to take the site offline were immediately rebuffed. The court confirmed that the service provider is not responsible for the content of the website. This is also supported by the Düsseldorf Administrative Court.
There is no connection between the web service provider and the online casino that justifies merging the website with the GGL network block. This can only succeed if joint efforts are made on both sides, which hardly ever happens in Germany. If the ISP knew about the banned online game, they still cannot be held responsible for the offer. Therefore, according to the Telecommunications Act, no blocking can be ordered.
The GGL has already tried to put pressure on telecommunications providers with fines of up to 500.000 euros. However, this measure did not work either, as can be seen in the lawsuit against Lottoland.
Needs optimization
The German Sports Betting Association (DSWV) sees a need for legislative action to limit blocking and other measures in the future. The two failed attempts to enforce an online ban through coercive measures should serve as an example to strengthen licensed online casinos and gaming service providers in Germany. Because it is already foreseeable that it will not be easy for online gaming libraries that are already regulated to survive on the market due to the strict requirements. The focus must be targeted and structured so that the current arbitrary use of power does not degenerate.
