Internet resellers do not need to block chance games

Legal shock for Federal States (GLG) Joint Gambling Authority in the fight against lottery on the Internet in Germany and other competitions: The federal administrative court on Wednesday decided that at least internet access brokers do not need to block access to such pages without their own network infrastructure. In April 2024, the High Administrative Court (OVG) Amendment of the Gambling Authority in Halle failed against a uniform decision of the Rhinland-Palenetnet.

In October 2022, GLG performed in October 2022 to block websites from Malta. In contrast, the provider, who does not have their own network infrastructure, complained. He sells early services to his final customers (“resellars”) from telecom network operators, explaining to OVG in Cobellens in the previous judgment.

The plaintiff is called the Rhinland-Salletnet Company 1 and 1. It has appeared as a complete provider of telephone and internet connections since 2007. It depends on the network of telephone, QSC and Vodafone on the network of Duthe Telecom and infrastructure.

Maltese companies invited the discussion “slot game” and lottery petting on the Internet which are illegal in Germany. Because of these gambling, several prohibition orders have been given against their legal predecessors of German authorities since 2014. These new operators were also sent to. The gambling proposal can still be reached from Germany in a comparable form. Therefore, the Gaming Authority ordered the plaintiff to block this website as an access broker as part of his technical possibilities.

Let’s go through examples

On the other hand, the concerned provider successfully defended himself in front of the lower officials in the temporary legal protection process and the later main action. The gambling authority had threatened the access providers with large -scale fine.

The Crux is a paras 9 of the Gaming State Treaty (Glüstv) from 2021 for the office arrangements, which is as the Supreme German Administrative Court (AZ .:. Bverwg 8 c 3.24) Confirmed. Because it fully refers to the responsibility of the providers according to the Para 8 Telemedia Act (TMG).

According to the prescribed obligation privileges in it, the service provider for external information that you transmit in a communication network or on which you express access are not responsible until you have arranged for transmission or selected the founder of the transferred information. The discount also applies if the providers have not selected or changed the data transmitted.

TMG override – but applies further

TMG has not been implemented from May 14, 2024. The MLA has partially shifted it to the Digital Country Services Act (DDG) as part of the implementation of the Digital Services Act (DSA) of the European Union. However, the interim cancellation of the Telemedia Act does not change the purpose of pre -liability governance, Emphasizes the federal administrative courtBecause the reference gaming state refers to the version of Para 8 TMG when the implementation of the state treaty.

According to Para 9 Glüstv, the blocked system should only be directly directed against service providers who are responsible for liability paragraphs from the Telemedia Act, explain to the leapzing judges. Unlike network operators, para 8 TMG is relevant to access brokers. The history of gaming state treaty shows that the federal state wanted to fall back on the responsibility of gradual responsibility of various types of service providers standardized in TMG. The purpose of regulation does not justify an interpretation against wordless.

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The Federal Administrative Court has also observed that the European Union law also does not struggle with the application of Para 8 TMG reference. According to this regulation, the applicant is not responsible. Neither do they cause transmission of gambling materials, nor do they choose them or their addresses. There is also no agreed interaction between the operators of the gaming pages. The other authority for the enactment of a blocked system will not be available due to the special, final character of the Aadhaar Para 9 Glüstv.

(Wpl)