04. August 2023

Constitutionality of the Separation Principle in Gambling Law Confirmed

Sports betting may still not be offered in Baden-Württemberg in a building or building complex in which an arcade or casino is located. In its ruling announced on August 2, 2023, the Constitutional Court of Baden-Württemberg rejected two constitutional complaints by sports betting brokers, which were directed against the so-called separation requirement under gambling law (Article 21 GlüStV) as well as prohibition orders issued as a result and the court rulings confirming these. In its decision, the Constitutional Court states in particular that the encroachment on the professional freedom of operators of betting agencies associated with the separation requirement is justified, as it serves to combat gambling addiction and thus an important public interest objective. Moreover, Article 21 of the Interstate Treaty on Gambling is in line with the general principle of equal treatment.

OPPENLÄNDER has commented in each of the constitutional complaint proceedings for the Ministry of the Interior, for Digitalization and Municipalities of the State of Baden-Württemberg on the compatibility of the separation requirement with the provisions of the Basic Law and the State Constitution.

To the press release of the Constitutional Court of Baden-Württemberg (in German)

To the SWR reporting (in German)


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03. August 2023

OPPENLÄNDER fends off state liability claims against the state of Baden-Württemberg

The event bans in the so-called first lockdown were appropriate, necessary and proportionate. The associated encroachment on Articles 12 and 14 of the German Constitution was therefore lawful. There are no claims for compensation under state liability law.

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03. August 2023

Baden-Württemberg may use the “Fauler Pelz” in Heidelberg for hospital treatment order

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28. July 2023

OPPENLÄNDER wins dispute over investigative committee

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24. July 2023

OPPENLÄNDER wins dispute over debt brake

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