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The giant European Internet gambling group Bwin suffered a further legal disappointment this week in its litigation aimed at overturning German states bans on online gambling , this time losing its action against Lower Saxony.
The administrative court in Hanover, Lower Saxony's capital, threw out Bwin's action against the state government, although it can be appealed.
Bwin has instigated several lawsuits over online gambling in Germany, where analysts say the company has a third of its sales. The country's 16 states reinstated a collective ban on Internet betting January 1st 2008 despite European Union requirements for the free movement of goods and services between member states. European Union regulators have started proceedings against Germany over the ban.
"We have no doubt that the German state monopoly on Internet betting is legal and have ruled so several times,'' presiding Judge Werner Reccius said at the hearing. "This ruling only applies in Lower Saxony but if it prompts Bwin to shut down its Web sites in all of Germany, this would only reflect what the law actually is.''
"This ruling does not correspond to European Union law,'' Bwin company spokesman Kevin O'Neal said. "We will appeal the ruling in Lower Saxony and are confident that European Union law will be adhered in the end.''
The Lower Saxony judges allowed the company to appeal, because German courts have issued disparate rulings on the issue. "Many courts hold a different view from ours so it's worth having this ruling reviewed by a higher court,'' Reccius said.
Courts in the German states of Hesse and Bavaria have held that Bwin can't be forced to stop offering bets in just one territory, as it is technically impossible for the company to locate its clients.
Reccius said that in combination with mobile phones it's possible to locate any user and thus block access to players from a particular territory.
This week's case is 10 A 4359/07 at the Hanover Administrative Court.

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Gambling News :

Wanajump Launches - #Wanajump Spanish online and land gambling operator Grupo R. Franco appears to be emulating the William Hill group, announcing this week that it is to begin a start-up accelerator program for innovative entrepreneurs, which it has titled Wanajump.

Coral Launches player proposition betting product - Digital Sports Tech, a business-to-business software provider of sports betting solutions, has signed a deal with UK online and land sports betting operator Coral to provide an innovative player proposition betting product.

Oshi online casino now accepts fiat currencies - The Oshi online casino, which started just a year ago as a Bitcoin-denominated operation, has described its expanded activity in a statement this week, noting that in addition to Bitcoin it now accepts fiat currencies and has added new game providers to its roster of suppliers.

New Standards for UK Online Gambling - Online gambling service and technology providers, along with operators and testing agencies will be studying the new gambling software and technical standards proposal published by the UK Gambling Commission following a public consultation.

Pennsylvania Gambling Bill 1887 returned with additions - The interaction between the Pennsylvanian House and the state Senate has become increasingly like watching a game of ping pong as the two political establishments wrestle with online gambling legalization and court-ordered tax fixes in the dying days of the current political season.

UKs Advertising Standards Authority vs Ladbrokes - A Ladbrokes Casino email promo has fallen foul of the UKs Advertising Standards Authority who deemed significant terms and conditions concerning bonusing to be unclear or misleading.

Mybet Earnings Struggle - The statement this week reveals that Mybet continued to be hampered by negative trends from historic quarters, making its original performance estimate "unrealistic".

Tom Horn Awarded Malta Gaming License - Online gambling software provider Tom Horn Gaming has been awarded a Malta Gaming Authority license that permits the company to host and manage Malta-based gaming operators.

Calvin Ayre invests in new Antigua Business Center - Ayre joined with government officials this week in a ground-breaking ceremony for a five-story centre on Antigua which will be home for the venture. The "green" building will be solar powered and provide employee-friendly services like catering, a gym and child care.

Attack of the Zombies Slot - Online gambling games developer Genesis Gaming has unveiled its latest game, with a theme based on a horror story of the undead, exploiting the current trend....and just in time for Halloween.

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