Key points:
- Germany’s top administrative court ruled that IP blocking via internet access providers is not legally enforceable under GlüStV 2021
- The GGL says the decision does not impact current host-based measures that have already blocked over 930 domains
- Regulatory amendments to strengthen enforcement powers are underway and expected to be implemented soon
Germany’s Federal Administrative Court (BVerwG) has ruled that the 2021 State Treaty on Gambling (GlüStV 2021) cannot be used to mandate internet access providers to block gambling websites.
The decision, delivered on 19 March 2024, affirms a previous judgement from the Higher Administrative Court of Koblenz and limits the use of Article 9(1) as a legal basis for IP blocking via access providers.
The Joint Gambling Authority of the Länder (GGL), Germany’s unified gambling regulator, clarified that the ruling does not affect its current enforcement activities.
Since similar legal decisions in 2022, the GGL has shifted its approach to focus on host providers rather than internet access services.
This change in strategy has allowed the GGL to block or render inaccessible over 930 domains linked to unlicensed gambling, with approximately 60 new domains added to this list each month.
Although host-based enforcement is more time-intensive, it has proven to be effective. In cases where illegal operators shift to new providers, the GGL resumes the process to enforce compliance.
The regulator also reaffirmed its commitment to amending existing legal standards. Proposals under consideration include extending the scope of blocking powers to cover illegal gambling advertising and simplifying procedures akin to those used for payment blocking.
Good to know: These adjustments, already under discussion before the court’s ruling, are being advanced in coordination with state-level authorities
This latest update follows a series of regulatory actions by the GGL. In March, the regulator hosted a joint session with regional coordinators to address harm prevention and consumer protection.
Earlier this year, the Spanish regulator imposed €77.4m ($87.1m) in fines across 14 illegal operators.
