Key points:
- The Federal Administrative Court ruled against using IP blocking to restrict gambling websites via access providers
- The GGL has focused enforcement on host providers since 2022
- Preparations to amend gambling regulation have been underway ahead of the ruling
Germany’s Federal Administrative Court (BVerwG) has ruled that Article 9 of the 2021 State Treaty on Gambling (GlüStV 2021) cannot be used to compel internet access providers to block illegal gambling websites.
The decision, issued on 19 March, aligns with a prior judgement by the Higher Administrative Court of Koblenz and confirms existing legal limitations on applying IP blocking against access providers.
The Joint Gambling Authority of the Länder (GGL), which oversees enforcement of gambling regulation across Germany, confirmed that the ruling does not affect its current enforcement efforts.
The GGL ceased pursuing blocking orders against internet service providers following similar court decisions in 2022 and has since prioritised enforcement through host providers.
According to the GGL, this host-based strategy – though resource intensive – has proven effective.
By identifying IP addresses and targeting hosting service providers, the regulator has rendered over 930 domains inaccessible within Germany, with around 60 new blocks implemented monthly. In cases where domains reappear via different providers, the process is reinitiated.
Good to know: The GGL began preparing changes to Germany’s gambling enforcement framework prior to the March 2024 court ruling
In response to earlier rulings, the GGL has been working with federal and state-level stakeholders to revise the legal framework governing gambling enforcement. These efforts include proposals to expand the application of blocking measures to illegal gambling advertising and to streamline procedures similar to payment blocking protocols.
While the proposed adjustments fall outside the regular evaluation process of the State Treaty, the GGL expects changes to be implemented promptly. The authority continues to advocate for updates that would strengthen its regulatory tools and reinforce the protection of consumers from unlicensed gambling operators.
The GGL’s broader efforts to refine gambling regulation also include initiatives to improve addiction prevention and develop standardised markers of harm, as discussed during its joint meeting with state coordinators in late 2024.
