The Federal Administrative Court of Germany (BVerwG) ruled that the 2021 National Gambling Treaty (GlüStV 2021) cannot be used to compel internet service providers to block gambling websites.
The decision was made on March 19, 2024, upholding the previous ruling of the Higher Administrative Court of Koblenz, and limiting the use of Article 9(1) as a legal basis for blocking IPs through access providers.
The German Unified Gambling Regulator—Joint Gambling Authority of the Federal States (GGL) clarified that this ruling does not affect its current enforcement activities.
Since a similar legal decision in 2022, the GGL has shifted its strategy to focus on hosting providers rather than internet access services.
This strategic shift has enabled the GGL to block or prohibit access to over 930 domains related to unlicensed gambling, with about 60 new domains being added to this list each month.
Although the host-based enforcement approach takes longer, it has proven to be very effective. If illegal operators switch to new service providers, the GGL will resume the enforcement process to enforce compliance.
The regulatory body also reiterated its commitment to revising existing legal standards. Proposals under consideration include expanding the scope of blocking powers to cover illegal gambling advertisements and simplifying procedures similar to payment blocking.
These adjustments were already under discussion before the court ruling and are currently being coordinated with state-level authorities.
This latest update was released after a series of regulatory actions taken by the GGL. In March this year, the regulatory body held a joint meeting with regional coordinators to discuss harm prevention and consumer protection issues.
Earlier this year, the Spanish regulatory authority imposed fines totaling 77.4 million euros (87.1 million US dollars) on 14 illegal operators.
