Constitutional Complaint of Tipp24 against lottery laws of Berlin and Lower Saxony not accepted by Federal Constitutional Court

Oct 22, 2008 5:38 PM

Tipp24 AG / Legal Matter/Legal Matter

Release of an Ad hoc announcement according to § 15 WpHG, transmitted by
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The issuer is solely responsible for the content of this announcement.

The second Chamber of the First Senate of the Federal Constitutional Court
has decided on 14 October 2008, of which Tipp24 AG was informed today, not
to accept a constitutional complaint filed by Tipp24 AG against several
provisions of the State Treaty on Gaming and subsequent legislation in
Berlin and Lower Saxony. The constitutional complaint was directed in
particular against the prohibition of the internet brokerage of lotteries,
the requirement to obtain a permit for the commercial brokerage of
lotteries, the prohibition of online lottery advertising and implementation
of further restrictions on advertising, the regional restrictions as well
as the transitory provisions for the brokerage of lotteries in these two
federal states. The court reasoned that the severe interference with the
constitutionally protected freedom of profession was justified and
reasonable in view of the legislative intent to prohibit and combat
gambling addiction.
The court’s decision did not pass upon the compatibility of the State
Treaty on Gaming and the subsequent state legislation with European Law,
which had been questioned by several Administrative Courts in the past. The
Administrative Court of Berlin had already declared the Berlin state
legislation, which was a subject-matter of the Federal Constitutional
Court’s decision, as inapplicable in its decision of 22 September 2008, and
it is likely that this decision was based on the prevalence of European Law
over German national law. The reasons for this decision of the
Administrative Court of Berlin, which has been appealed by the State of
Berlin, are not yet available. Tipp24 AG continues to be convinced that the
Treaty on Gaming and the subsequent legislation of the Federal States
violate prevailing European Law.
22.10.2008  Financial News transmitted by DGAP
Language:     English
Issuer:       Tipp24 AG
              Straßenbahnring 11-13
              20251 Hamburg
Phone:        +49 (0)40 325533-0
Fax:          +49 (0)40 325533-77
ISIN:         DE0007847147
WKN:          784714
Listed:       Regulierter Markt in Frankfurt (Prime Standard); Freiverkehr
              in Berlin, Düsseldorf, Hamburg, München, Stuttgart
End of News                                     DGAP News-Service