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)