Attorneys for Gambling Law in Germany: Legal Representation of Companies and Gambling Operators
ZELLER & SEYFERT is a German litigation law firm which specializes in the representation of companies and gambling operators on all issues of gambling law. The German State Treaty on Gambling provides a set of rules for gambling, lotteries and betting transactions, which the German states have meanwhile implemented in their state laws. German gambling law is in all states only applicable, if there is a gamble in the first place. According to German gambling law, gambling only occurs when a fee is required for the acquisition of the chance of winning a game, while the decision about winning the game depends wholly or mainly on chance. The decision about winning a game is presumed to depend on chance, if the decision is based on the uncertain occurrence or outcome of future events. Google
For internet platforms, it is especially important to achieve clarity as to whether the services offered on their platforms constitute gambling, because the operation or intermediation of gambling on the internet is illegal in all cases, according to German Gambling Law.
Typical cases of application / issues of German gambling law:
- Gambling as opposed to pure contests or games of skill
- Dependence of a game on chance (aleatoric element)
- Fee requirement for the participation in the game
- Betting transactions
- Betting on horses
- Lotteries with systematic jackpots
- Class lotteries
- 1-cent auctions
- So called American auctions
- Commercial intermediation of games
- German ban on internet gambling
- Restrictions on advertising for public gambling
- Gambling concessions by the German authorities
- Conditions for the participation in a gamble
- Profit-sharing plans and payout ratios
- Arcades and gambling halls
- Slot machines or other machines with a chance of winning
- Information obligations to the participants in a gambling
Attorneys for Gambling Law in Germany: Legal Representation of Companies and Gambling Operators before German Gambling Authorities and before German Administrative Courts
ZELLER & SEYFERT is a litigation law firm with seasoned trial lawyers who are experienced to represent companies and gambling operators in gambling law disputes before German administrative courts. In addition to the knowledge of the German gambling laws our attorneys are particularly familiar with the current case law of the administrative courts of the respective German state.
If the Supervisory Gambling Board of a German state classifies the business model of your company as illegal gambling, they will regularly first conduct a non-public hearing procedure to give your company the chance to clear up doubts about the legality of your company’s business model. At this early stage it is well recommended to respond to the request of the respective German Gambling Board with the coordinated help of seasoned German legal counsels. The Gambling Board will only seek to prohibit your business later, if their charge that illegal gambling had been operated by your company in Germany cannot be settled in the hearing procedure.
If your company has already been served with a decree of prohibition from the Supervisory Gambling Board of a German state, a prompt legal response by a German attorney is regularly necessary to improve the legal situation of your company. Our attorneys will file a speedy motion with the responsible German administrative court in a speedy trial (summary proceeding) to give our complaints against the state’s prohibition suspensive effect. If the prohibition is suspended, your company can continue to do business until the final decision of the administrative court is rendered in your case.
Please just contact our attorneys to talk with them about your individual gambling case. They are easy to talk to and happy to solve your gambling case.
Attorneys for Gambling Law in Germany: Legal Representation before German Civil Courts in Unfair Competition Disputes
The German State Treaty on Gambling provides rules for a fair and proper business conduct on the German market. Every company, which does not comply with these rules, acts unfairly in business to the detriment of other competitors on the German market, which abide by the rules of the German State Treaty on Gambling.
If one of your company’s competitors does not comply with the provisions of the German State Treaty on Gambling, our attorneys will him send a cease and desist letter on behalf of your company. Our attorneys will demand from him to stop his illegal gambling practices and to sign a cease and desist declaration to the benefit of your company. Furthermore, our attorneys will demand information on the extent of the competitor’s illegal gambling. Also, our attorneys will claim damages from the unfair competitor to the benefit of your company. If your competitor is not willing to cooperate with our attorneys, they will seek a preliminary injunction against him in a speedy trial (summary proceeding) with the responsible German Commercial Court. If the defendant then still does not want to cooperate with our attorneys, they will sue him on behalf of your company in a full-length proceeding before the responsible German Commercial Court to get a permanent injunction, information and damages.
If – to the contrary – claims of illegal gambling have been put forward against your company by a competitor or a consumer protection association, our attorneys will quickly assess the legal situation. A quick response by a German attorney is regularly needed, if your company has already received a complaint or other legal documents from a German court in a gambling dispute. Our attorneys will promptly respond to the German court in order to meet all pending deadlines set by the court and to avoid negative legal consequences in the ongoing gambling lawsuit. Our attorneys will defend your company diligently and vigorously in the ongoing gambling dispute. They will also check if counter-claims against the plaintiff to the benefit of your company are possible.
Litigation in gambling law matters is our attorneys’ forte. ZELLER & SEYFERT is a litigation law firm with experienced litigators who will defend your company expertly in gambling disputes before German courts.
Your Contact Person in Gambling Law Matters
Do you still have questions about German gambling law? Your contact person in our law firm for all issues related to gambling law, internet law and the law against unfair competition is Attorney at Law Dr. Christian Seyfert, LL.M. (USA). Christian is a Certified Copyright & Media Law Specialist and a Certified IP Law Specialist. Please just contact Christian by e-mail (email@example.com) or by phone (+49 (0)69-58 80 972-40).
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