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Online Gambling News from Germany and Spain

By: Rick Balding, Monday November 22nd 2010
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In Germany a six year long legal battle between bwin and Westlotto has ended after the Federal Supreme Court announced its ruling. The Spanish city of La Linea has staked claim on a share of Gibraltar's online gaming revenues.

Six years ago, Westdeutsche Lotterie GmbH & Co OHG, popularly known as Westlotto, had applied for an injunction for preventing the online gaming operator bwin International from organizing, mediating and advertising sports betting, casino and lottery games in Germany. In February 2008 and in July 2010 bwin had received favorable decisions from the lower courts. The matter had then moved to the Federal Supreme Court. Now the country's highest court has also ruled in favor of bwin stating that Westlotto cannot obtain the desired injunctive relief against bwin.

Norbert Teufelberger, Co-CEO of bwin, welcomed this judgment by the German Federal Supreme Court. He said, "… [We] are glad that we will have to spend less of our time in courtrooms in the future. Now we can concentrate on developing modern regulations for online gaming in Germany. We shall continue to constructively support the positive regulation of online gaming, contributing the extensive know-how that we have acquired, not least as a licensed provider in newly regulated markets like Italy and France." Teufelberger was hopeful that this judgment would provide impetus to the regulation of online gambling in Germany. Italy and France have successfully recently switch over to a licensing and regulation policy. The policy takes into account the needs of the market and also the social needs of responsible gambling and fraud prevention.

La Linea is a Spanish City near the online gambling licensing jurisdiction Gibraltar. Mayor Alejandro Sanchez told the Gibraltar Chronicle the online gambling business in jurisdictions like Malta and Gibraltar is doubling in size every year. One of the infrastructure items needed to sustain this growth is adequate expansion of telecommunication facilities. Signing of the Cordoba Agreement enabled Gibraltar to use the Spanish telecommunications network. Sanchez pointed out that therefore La Linea expects to benefit from neighboring Gibraltar's profits. He said, "The technology which allows this business to prosper is concentrated and distributed through La Linea territory." The Gibraltar Chronicle paraphrased the mayor's statement more bluntly - The Rock may have the clients and the technology, but its communication links are through Spain. Sanchez also did not fail to point out that there are currently 37 online gambling operators servicing the Spanish market, with just five of them controlling up to an 86% share. Many of them are licensed in Gibraltar. The mayor however did not spell out what benefits La Linea expected from Gibraltar.

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Comment by: Jim Watt On: November 22, 2010
The Mayor of La Linea - known locally as dirty sanchez because his town dumps raw sewage onto a Gibraltar beach, is talking nonsense. Gibraltar has had telephones and Internet connections via Spain since the frontier opened in 1982 when Sanchez was aged five. The Cordoba agreement simply implemented the Gibraltar 350 IDD code which has little to do with betting and online casino's. Nor does the Mayor control the Internet and telephone lines, these are provided by Telefonica on a commercial basis. Spanish law and commercial interests will not allow him to interfere with these lines any more than they allowed him to charge an entrance fee into Gibraltar, his last 'bright' idea. He needs to clean up his act and get real. Gibraltar provides good employment to a his town that otherwise has massive unemployment and little going for it.

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