The European Court of Justice’s (ECJ) long-awaited ruling on the compatibility of Germany’s State Treaty on Gambling with European Union law has seen the body condemn the legislation as contravening key principles of European Union (EU) law.

Centring on the case of Sebat Ince, an Austrian prosecuted for illegally facilitating online gambling in Germany, the ECJ has ruled that Ince cannot be prosecuted under the terms of the 2008 State Treaty. It has also come to the decision that as a result of a lack of transparency and the continued presence of what amounts to a lottery monopoly in the market, they are equally exempt from prosecution under the revised but equally controversial 2012 Treaty.

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