My permit applications relating to sports betting
Ladies and Gentlemen,
my permission requests, please provide factual and legal supplement.
Inzell I limit myself to the situation in the community. On the one hand, it is not organizationally possible to build a professional betting line in all ski resorts this season. Secondly, I make my basic right to property claims, which refers to my parents' house in Inzell. There is no legal reason to deny me permission at least for the Speed Skating World Cup in March 2011.
I. Background:
I am the owner
of the residential and commercial building "village Kramer in Inzell, town hall square 1 This is my home, I have taken over in 2002 by the father. After his death in February of 2004, the house completely empty. I had to find tenants, which was very difficult, as the tourist numbers to fall steadily, moving away the purchasing power of young people and leave the village. This scenario common in small towns means that most of the house, a store with 100 square meters of floor space, since the departure of a textile retail business in 2004 is empty. There I made all sorts of considerations to use the store at a profit or rent. But this was not possible before. Interested parties who wanted to use the store as a gambling hall have rejected me, because the house is the most central location in Inzell, and the site of this would have been beneficial. It would have been problem with gambling addicts. With the construction of an ice rink for 36 million euro tax money now the possibility was opened to strengthen the Ice Sports in Inzell by complementary, and corporate measures to revive the site. This requires developing a love of sports to be constructed, including the provision of sports betting is one. To bet, you need information, particularly about the conduct of the sport and the athletes themselves
So there is a real chance, my shop as an information and communication center during the day, including the offer and / or switching among bets.
located in the village, a Lotto and Toto filing offices of the betting and Lotteriemonopo lists (National Lottery Administration Bayern) and a game room (slot machines to win). Horse betting are offered in Daglfing (Munich Trotting and Breeding Association e. V.). The Internet offers a variety of foreign sports betting is available, you can use anywhere.
II Findings:
legal basis for the overall assessment of the case is the ruling of the European Court of 8 September 2010 in Joined Cases C-316/07, C-358/07 and C-360/07, C-409/07 and C-410/07.
I further appeal to the principle of equality in Article 3 of the Basic Law (GG), the fundamental right to freedom of occupation (Article 12 GG) and the fundamental right to property (Article 14 GG).
The Free State of Bavaria is relying on the State Treaty on gaming in Germany (GST). For sports betting this monopoly (§ 10 para 2, para 5, § 21 GST) added.
The operation of slot machines to win be subject to trade regulations and private is allowed. Horse betting are possible after the race and betting law.
The European Court of Justice regarding the proportionality of a national state gambling monopoly boundaries drawn. This law is to apply in the interpretation, since it is the same thing. In the cited case were issued against operators of betting shops prohibition notices. For convenience, I quote the motto of the ECJ addition of the facts. The guiding principle builds certain material conditions to a legal conclusion.
1 of Article 43 EC and 49 EC must be interpreted as follows:
(...)
d) If a national court both finds
-that the promotional activities of the holder of a monopoly for others, offered also by him types of gambling not be limited to what is required in order to direct consumers to the offer of the monopoly and thus lead away from other, unauthorized access channels to Play but aim to promote the play instinct of consumers and in order to maximize expected from the related activities of revenue to active participation to stimulate the game as well,
The aggressive advertising of the lottery vendors led to this litigation. Lotto Bayern shows respect to its sports betting no other advertising model. It is for active participation in the game on the Internet, advertised on billboards and elsewhere. Above all, the operator of betting shops are forced to generate revenues in this sector, call so, especially in cross-selling process with large jackpots. Of the various illegal Betting on the Internet is not taken away, which continue to exist and an alternative is not Oddset. It has not changed the requirement stated by the ECJ.
- that other types of gambling by private organizations that have a permit may be operated, as well,
This applies especially for the horses to bet.
- that in relation to other types of gambling that does not fall under the monopoly system and also a higher potential for addiction than the monopoly underlying game show, the competent authorities operate a development and stimulating play activities appropriate policy of expansion of supply, or refuse, in particular, to maximize these activities flowing revenue
This applies to the gambling hall in the neighborhood over which the mayor of the town Inzell mentioned on several occasions publicly negative. The increased potential for slot machines search was supported by easing the regulatory framework yet. One can do well to get an idea.
There are thus all the requirements of the Court ruling before!
The result is:
can ... so it has reasonable grounds to conclude that such a monopoly is not capable of achieving the objective pursued by his creation, incentives to over-expenditure to avoid the games and combat gambling addiction, to thereby ensure that it helps reduce the opportunities for gaming and limit the activities in this field in a coherent and systematic way.
The objectives of the GST can are not met and therefore are not met. The intervention in Articles 43 and 49 EC is therefore excessive and therefore EU law.
will also, however, instead of a reverse discrimination:
sports betting in many European countries an integral part of the sport with little risk of addiction. Especially in Austria can be used as a comparison. It is different culturally and ethically least of (southern) Bavaria and especially in this comparison is the purely economic interests of the Free State in relation to manifest betting.
Now, if allowed to bet in Austrian ski resorts are the most interesting offered by these sites and I will strengthen as Bavarian citizens discriminated against because of their own site is weakened. Furthermore, I was discriminated against because I to organize and operate sports betting a company based abroad must, in Austria, Malta and Gibraltar as the others. It can not be that German will be forced to must carry a well-established in the immediate neighborhood of Europe trade only there, and only from there.
My intention is further substantially equal to the horse racing. There is no justifying reason for the unequal treatment of different sports (Art. 3 GG). The invasion of my freedom of occupation is disproportionate.
But most of all my property is in the shape of my parents house affected unconstitutional. All policies of the Bavarian State Government aimed at weakening the villages. There are reported construction and industrial parks and shopping malls on the outskirts of town. Now 36 million will be spent on an ice rink that will be vacant for months, and the straw "sports bet" to boost my shop was taken from me by the refusal of permission. I would have no alternative but somewhat make another with the store, for example, the further opening of a gambling hall, which is deeply repugnant to me, but I will seriously consider, for economic reasons must. State interference in such a manner that is in my property when he banned me long ago recognized industry sectors such as sports betting and I other lawful but harmful things must turn, as gambling machines and the serving of alcohol.
The Government of the Oberpfalz can fill the currently unregulated, European law and unconstitutional state without violating the law in such a way as he gave me permission granted at least for the Speed Skating World Cup, and from a performance of an Ban, and criminal charges aside. Then I can first explore a pilot project, also bet whether gains can be achieved and how these can best organize.
The Bavarian state government has said already, to liberalize sports betting and to grant concessions. Since, however, could not offer Bavarian companies outside the sports betting monopoly, could not obtain such a concession Bayer. It is lacking the necessary experience. This is a further discrimination. The Free State of Bavaria has given its citizens and business people at least the chance to receive a license by gaining experience in a new area to.
Sincerely
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