Berlin—Global law firm Dentons advised the sports betting provider Tipico Co. Ltd. in a proceeding before the Wiesbaden Administrative Court. In cooperation with law firms’ wuertenberger Rechtsanwälte and Redeker Sellner Dahs, Dentons achieved a favorable decision, in which the court ordered the states to award Tipico a sports betting concession for seven years. The decision was taken after a win in the preliminary hearing; legal remedies were not permitted.

The court based its ruling on the fact that the limitation on concessions did not comply with European law, thus agreeing with one of the central arguments presented by Dentons, wuertenberger Rechtsanwälte and Redeker Sellner Dahs. The presiding judge stated that the limited number of concessions was not sufficient, the process lacked transparency, and the state treaty on gambling was not in compliance with EU law, as it imposed significant restrictions on Tipico’s freedom to provide services.

Background: To clarify the regulatory grey area for gambling, the German states have been working on the process for awarding concessions to private betting providers. To this end, the state treaty on gambling states that only selected providers are awarded a concession to provide services for a trial period of seven years. Applicants must undergo a multi-level selection process. The state of Hesse was responsible for awarding the concessions and represented the other German states in the various proceedings.

In May 2015, the Wiesbaden Administrative Court suspended the state’s process for awarding sports betting concessions in response to urgent applications submitted by Tipico and other industry leaders. The Hesse Administrative Court confirmed this ruling in all aspects, and the judges reprimanded the lack of transparency in the procedure and the unconstitutionality of the “Glücksspielkollegium” (Gambling College), the state body responsible for awarding the concessions. Dentons, wuertenberger Rechtsanwälte and Redeker Sellner Dahs represented Tipico in this proceeding as well.

Representing Tipico

Dentons (Berlin): Dr Jörg Karenfort (Partner), Dr Norman Hölzel (Senior Associate, both Public Procurement law)

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