Sport bets - a Schelm, who thinks bad thereby

(openPR) - one observes the political and legal wrangling in Germany around the sport bet monopoly, remains for the citizen of age only head vibrating. Depending upon respective need the state, which is in the thing also monopolist, speaks arguments, which are then converted by courts monopoly-friendly.

The Federal Administrative Court has 6 C 2,01 with judgement, file reference, to 28. March 2001 the monopolist certifies: „The unrestricted prohibition of the private meeting and switching of Oddset bets, existing thereafter in Bavaria, does not offend against the Basic Law, in particular not against the kind 12 exp. 1 GG which can be used with priority in the available connection. “

Well, one could say, there the gentlemen with the state-basic robes from Leipzig evenly times erred. Nevertheless the Federal Constitutional Court with judgement from. the 2006 determined 28. 03 to it the following: „It is in accordance with condition of the reasons incompatibly with article 12 paragraph 1 of the Basic Law that after the law over the Lotterien and bets (state lottery law) from 29 April 1999 (Bavarian law and official gazette page 226) in Bavaria sport bets, organized by the Free State of Bavaria, only by the Free State of Bavaria be organized and only such bets may be obtained commercially, without the monopoly consistently at the goal of the fight of the craze dangers to align “.

Last week the Administrative Court Stuttgart (Az has a further high point in the argument.: 5 K 4532/04) uncovered. In a procedure, in which the validity of a sport switching as well as the interdiction of this activity were streitgegenständlich, the national Lotto Toto society in Baden-Wuerttemberg, which did not take part in the legal proceedings still in the administrative proceedings was, has unverfroren by the delivery of a legal opinion lastingly so strong influence on the contradiction authority exercised that this culminated in recognizable assumptions of contents of the legal opinion into the argumentation of the contradiction authority. After report of the chairman of the 5. Chamber in the verbal negotiation did not seem a such incident so far at the Administrative Court to Stuttgart. The judge of the 5. Chamber criticized that the district administration had transferred a legal opinion of the national Toto and Lotto GmbH Baden-Wuerttemberg in the contradiction answer in detail. Thus the authority from the beginning on one side committed itself and to favour of the national monopoly a party took.

In the press release of the VG Stuttgart to the procedure divides the court the following with: „The way, how the contradiction authority struck itself on the side third, which in the exit of the procedure substantial is interested, lets an objective weighting of the conflicting interests miss from the beginning. With this procedure the district administration sits down to the reproach first of a specified and one-sided in favor of the national monopoly and thus specialadverse considerations out. “

Due to the remarks of the Federal Constitutional Court from March 2006 now the monopoly with the arguments could be not further justified from yesterday. The remarks of the Gambelli judgement were too clear. The Court of Justice recognized Läärä among other things and Zenatti in the judgements Schindler, that restrictions of the play activities by compelling reasons of the interest of general like the consumer protection, the fraud betrugsvorbeugung and the avoidance of incentives for the citizens to superelevated expenditures for playing to be justified to be able; however the restrictions, which are supported by the necessity by such reasons as well as to prevent disturbances of the social order must be also suitable to ensure the implementation of these goals in the sense that they contribute coherently and systematically to the delimitation of the activities.

It is noticeable here very clearly that the state, which would like to receive its monopoly for fiscal reasons gladly arranges itself it like it it straight needs. Right-national principles are given up thereby, the division of power in the state in question is placed. The power of the monopolist is no longer controlled thereby, it can to all right-national resources fall back, of it makes democratic it without scruples use, each means the available begins it for it. Sport bet offerers are kriminalisiert throughout, adventurous house searches to follow, customers of a sport bet acceptance place in Munich must undress up to the pants, the Dortmunder citizen Thorben J. joggt with a T-Shirt of a sport bet offerer by the area and take off from eager policemen requested, its T-Shirt. A Schelm, who thinks bad thereby.

Seems the thing has methodology. The responsible officials in the Ministries invented that well. No trace of the prejudice: Officials are… etc. One must grant you an excellent strategy. Now the play craze had to be invented with the private offerers, so that a new argument can find for the maintenance of the monopoly use. Equal as it were „preventing “play craze “becomes the Placanica judgement expected for a long time with this argumentation „(R-S. C-338/04), that the large chamber of the European Court of Justice (EuGH), according to provisional time schedule to 6. March 2007, at 9.30 o'clock will announce led, ad absurdum. With the procedure it goes around the principles of the freedom to establish residence and the free transnational services into Europe regarding the offer from sport bets. If however now the exclusion is justified by private offerers with that argument „play craze “, the Gambelli judgement plans in addition a possible authentication for the establishment of a monopoly. To that extent also after Placanica judgement, if the judges in Luxembourg follow the general attorney, little will change. A Schelm, who thinks bad thereby.
Material this is at present not proven, shows nevertheless the empirical investigations (the Gefährdungspotenzial of Lotterien and sport bets, May 2005) to the University of Bremen, Professor Dr. rer. nat. Gerhard Meyer and Dipl. - Psych. Tobias Hayer the following picture:
Page 82 of the designated final report, table 11:

Sport bets in private Wettbüros: As problematic experiences: 5.1% (23 of 448)
Luck plays in the Internet: As problematic experiences: 1.1% (5 of 440)

In the comparison now to it:

Lotto „6 from 49 “: As problematic experiences: 6.0% (28 of 469)
Money play automat: As problematic experiences: 79.3% (376von 474)

Become further in the final report (page 165, selecting preventive action suggestions…) in May 2005 the renouncement of certain full systems with the Lotto play and the renouncement of astronomically high Jackpots demanded.

Now is however not it like that that the private offerers have to put the head into the sand. Knowledge this nevertheless that the policy does not look meanwhile beyond the edge of plate. To exclude we would like the national politicians of the CDU and FDP in Schleswig-Holstein in this topic. Obviously one has in Schleswig-Holstein recognized on which terrain one with this argumentation goes.

That calculated the responsible persons, who constantly extended the national luck play in more than 60 years (after the Second World War west Berlin wrote a first Stadtlotterie on 16 August 1945 out) (Casinos at the current volume to open and meanwhile as experience centers develop; in the meantime in 84 screw machine departments of the gaming houses approx. 8,400 Slotmachines are made available to the visitors; this play offer (Slotmachines) of the national and/or nationally licensed gaming houses is not subject to any legal regimentations regarding the possible profits and losses; the maximum loss at everyone the set up Slotmachine can per play hour up to 50.000 € amounted to), now just as clean men related to craze prevention appear, is a little reliable. The only business adjustment of the national Lotterieanbieter is and was the fund procurement for marode Länderhaushalte. In the literature one can reread in addition the following: „As practical means for raising of funds the Lotto of the Genuesen was discovered in 15. Century. Since this simple business principle brought in large profits for the organizer, the right went to organize Lotterien on the respective rulers or governments over “.

First, which have to pay the invented strategy „to play craze “now with substantial tax fundses are the taxpayers in Lower Saxony with the umtriebigen Prime Minister Christian Wulff. The country Lower Saxony must compensate now due to the hit strategy the sales of the gaming houses to the Casino Austria expensively: However the demands for recourse on the country would come on “at least 30 million euro” say Karen Krüger, the spokeswoman that gaming house Lower Saxony GmbH. In addition, it can come still more badly: Even if Lower Saxony should prescribe document of identification controls for the automat play, Casino Austria up to 14 million euro of the purchase price can reclaim, if thereby the conversions sink. Now we would not like to withhold from you that the professor from Bremen, already designated, advised the Lower Saxony at that time for the permission of a Internetcasinos. “We need a legal offer”, get straight the psychologist Gerhard Meyer. Prohibitions are not definitely “a suitable means for craze prevention”. A Schelm, who thinks bad thereby.

One must no prophet be over foresee, should the angedachte convention reality become, which still more far-reaching serious cuts entail it. The exclusion of the private sport bet offerers (and only around' s goes in the current discussion), who are not interested in the further luck play market (with exception of some fewer grasshoppers), by the market all activities of the simple money play automat up to the Lotterie and Casinos with itself will bring. The defaults in addition are to be reread in the often quoted Gambelli judgement. Which from us „grasshoppers designated “concern, us no private European offerer of luck plays is well-known, who itself to a full license (excluded offshore licenses so mentioned, which do not possess validity in the exhibitor country) as offering luck plays destined could. Whether with offshore licenses so mentioned also kind is to be used 43 and 49 of the EEC contract, seems to us more than questionably.

The national offerers as well as their controllers do not have to convert any interest own realizations also only in the beginning:

Everyone can remember still well at which advertising expenditure of the Rekordjackpot in October 2006 at a value of 37, 6 MILLIONS euro of the national Lotteriegesellschaften was marketed. On the hunt for the Rekordjackpot tip by country widely 148.3 million euro had begun. „The meant a plus of approximately 55 per cent in the comparison to the previous week “said the managing director country Brandenburg Lotto GmbH, refuge Mentrup responsible then. That Hamburg evening papers (www.abendblatt.de/daten/2006/10/09/622271.html) reports on 09 October 2006: „Lotto fever in Germany: In several rows humans before a Lotto acceptance place in Hanover are located. “

It remains noting that with exception of the normal fluctuation, which always gave it it came to no locking of Lotto acceptance places, which were arranged on the part of the Lotteriegesellschaften with reason on the judgement of the Federal Constitutional Court. As far as it came now however to individual locking, these were causally justified with suspensions of service and/or terminations of activities (e.g. Edeka market, 94315 Straubing, Theresienplatz).

Also by the Federal Constitutional Court as precariously classified selling way of the Oddset sport bet over the Lotto acceptance places („… broadly varied network of Lotto acceptance places, that the official maxim “far country - short ways” is the basis “) so far also not ansatzweise was changed.

The selling of the national sport bet Oddset in the Internet was criticized explicitly by the Federal Constitutional Court and is given until today invariably over commercial play mediators.

In the high polish pictorial „Bavaria “over the traditional association FC Bavaria Munich is recruited in the expenditure for the back round start explicitly on a whole side for Oddset Sportwetten. Naturally booked equal monopolists a second side in addition and recruit there for the complete Lotto product range.

At the sponsor wall of the FC Bavaria, which is used after each play that Bavaria for statements to the play and on many television channels to be seen is, the Oddset Logo in same place was replaced by the Lotto Logo.

The back round start of the German federal league that became approx. 27,000 acceptance places of the monopolists with the oversized poster and the title „winter break has finished in everyone! Federal league back round start on 26 January " recruited.

Only some weeks later, in time at the beginning of the champions League, Milan or Madrid becomes - main thing champion League in the same way with the poster „! Start into the K.o round. 20 February “recruited.

Although the Federal Constitutional Court implemented in March 2006 among other things: „Therefore it the extension of the offer of national meeting as well as an advertisement, which request going beyond material information for the way of the possibility purposefully to bets, are forbidden “up to a reorganization. Nothing the despite over commercial play mediators also in the transition period facts are created. Thus up-to-date by the commercial play mediator tipp24 the following press release is published: „Lotto players could deliver their employments on the Internet sides of pro filters, Sat.1, cable unity or N24. Tipp24 called the partnership “pointing the way” for this financial year. Per month according to Tipp24 humans the Internet portals of the group of transmitters visit approximately ten millions. The Lotto mediator hopes for a broad target group: the younger ones with pro filters and the older ones with Sat.1. On average up to five per cent of the Website visitors also on-line Lotto would play, said a speaker of Tipp24. If it gives a large Lotto jackpot, it could become up to ten per cent “. The commercial play mediator has among other things also the Oddset Sportwette in the offer. The conversions flow now into far from larger extent to the Landeslotteriegesellschaften and are gratefully accepted there, since the private offerers were successfully switched off.

If monopolist admired, then that will not fold. We of www.oddscompany.com and many other private offerers document each doing the national monopolists and the necessary patience to apply will have, in order to be able to speak this the EuGH, since we at present do not find legal hearing in Germany.

We appeal to all reason involved in-turn to let. We should the discussion material. The sport bet (expressly not each form of the sport bet) is a mad thing. Many humans have to it a giant fun. Them are not however suitably just as high margins to gain as for instance different luck plays as e.g. Lotto, since the offerers stand in the European competition. A market bulkheading will fail increasingly because of illegal offers. Private sport bet offerers should rent shops under order-political basic conditions, transact and approx. 70,000 jobs to create be able investments. The national sport bet Oddset will have no problems. A condition for this is that this can work under the same conditions as the private offerers, in order to secure and/or to develop be able their market share, since the customers estimate the security of a national offer. No private offerer will be able to establish also only approximately able to be a branch network of 27.000 acceptance places.

We should consider here that the functioning free-market economy will finally ensure that dubious or illegal offers are chanceless in this country. A licensing model with high market admission costs would only mean an oligopoly. Which that means, we know already from the energy industry. Under these economic conditions it will give illegal dubious offerers, who can use the price advantage, to far.

The University of Bremen, under which line of Professor Dr. rer. nat. Gerhard Meyer, should contribute to it and compile concrete proposals for solution, how the offerers have to deal with pathological players from offerer view. Unfortunately nothing can be taken to this topic out of its final report. There may not be differences whether it concerns with the offerer a private and/or a national offerer.

We of www.oddscompany.com would not like to criticize however in principle the final report, since with this a first step took place into the correct direction, however the lobbying for the national monopoly are still indeterminable. This lobbying we noticed on 27. 04. the 2006 at the research centre luck play University of high home, with the symposium for luck play 2006, since we were present of www.oddscompany.com as participants locally. We do not feel as rough abuse of its scientific activity and this the University of Bremen will be useful. Besides he locks with this kind of the lobbying with private offerers all doors, in order to be able to evaluate the topic sport bets with founded data also. Unfortunaty also for this a note: „The research centre of the national Toto Lotto GmbH Baden-Wuerttemberg as well as the gaming houses of Baden-Wuerttemberg is supported “.
A Schelm, who thinks bad thereby.

The argument in the second half-year 2006 between the Landeslotteriegesellschaften and the Federal Cartel Office shows the true power of the Lotto monopolists. The Federal Cartel Office powerful and, under which leader trust bureau chief Ulf would bend, which was afraid in all industries, could do despite of the OLG Duesseldorf confirmed, more than 200 sides of comprehensive resolution not really which to cause. The office for trust wanted to ensure altogether in the context of the national monopoly on more competition with the national Lotto and to terminate also the regional division of the market between the 16 land companies. The authority already met principle resolutions in addition in the August of the yearly 2006. Obviously resigned then the office for trust determined: The warning is pursued now no longer further, said trust office spokeswoman Irene Sewczyk. It served its purpose to make clear to the societies that they would not have to adhere to such inadmissible arrangements and instructions. The Federal Cartel Office is obviously not further determined now to call the editions in warned in the answer. A Schelm, who thinks bad thereby.

That responsible persons in Berlin it remains political thinking about the fact whether we need at all 16 own Landeslotteriegesellschaften. The entwinements between the national politicians and their Landeslotteriegesellschaften grew over years and meanwhile strengthened and accept extents, those are intolerable and cause appreciably heavy damage in the constitutional state. The Einsparungspotenzial might be so enormous and would surely be sufficient, in order to finance a tidy craze prevention over years. Further then an independent luck play nature controlled by the German Bundestag generally speaking seen, which is coherently and systematically (demanded as by the EuGH in the Gambelli judgement, could be forced) aligned then. The luck play politics of the past years, which are dependent on the respective Minister of Finance of a Land of the Federal Republic, failed.

The judgement of 28. March 2006 Federal Constitutional Court determined in this connection: „A reorganization comes thereby in principle both by the federation and the regional legislator into consideration. To that extent also the federation, supported by the legislation title for the right of the economy according to kind 74 exp. 1 No. 11 GG, can become under the conditions kind 72 exp. 2 GG active. An authority of the federation does not fail because of the order-legal aspect of the regulation subject “.

Contact:
Oddscompany sport bets GmbH
Rainerstr. 12/Ith OG
A-4910 Ried in the Innkreis

Likes. Vorhauer Christian
vorhauer@oddscompany.com
www.oddscompany.com

Over Oddscompany sport bets GmbH:
The Oddscompany sport bets GmbH was created in the year 2004 and registered on 28 June 2004 with the firm book number FN250037b at the national court Ried in the Innkreis (Austria). The head office is in Ried in the Innkreis (Austria).

On 19 July 2004 the enterprise received the national license from the country upper Austria and is for this time in the possession of the grant to exercise by the professional conclusion of bets the activity as bookmakers. According to the relevant legal regulations the Oddscompany sport bets GmbH of control of their tidy business activity is subjected by the responsible authorities.

The enterprise concept of the Oddscompany sport bets GmbH is aligned to make apart from the national sport bet offer a private sport bet of a broad customer clientele accessible. Parallel to on-line sport bet portal www.oddscompany.com is advanced the expansion of the chain store by opening by acceptance places. The Oddscompany sport bets GmbH is responsible person operator of on-line sport bet portal www.oddscompany.com.

In direct co-operation with two of subsidiaries and based on permission given by the state Austria offers the Oddscompany to sport bets GmbH a broadly varied offer of bets over national, European and world-wide sport events, which is competitively arranged regarding that variety of the offer and the ratios.

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