Background: Licensing only based on reliability
On March 28, 2025 (Case No. 4 MB 4/25), the Higher Administrative Court of Schleswig-Holstein clarified: Providers of online gambling who repeatedly violate central regulations of the Interstate Treaty on Gambling 2021 (GlüStV 2021) are not entitled to a license.
In this specific case, the application of a Maltese operator was rejected because she had violated fundamental protection regulations in the past – such as the monthly deposit limit (§ 6c GlüStV), the prohibition of autoplay functions, and time and financial limits on slot machine play. The court therefore deemed her unreliable.
What does this mean for players?
Numerous users report being able to continue playing or exceed legally mandated limits despite active OASIS blocks. In some cases, there are even court rulings against providers – yet these providers were later granted licenses by the GGL. These rulings are often not enforced.
Why isn’t there a tougher crackdown?
Although complaints about rule violations are received by the supervisory authorities, such as circumventing bans or ignoring court rulings, a clear response is often lacking.
Can those affected take action themselves?
It is legally possible for aggrieved players to sue the regulatory authority to have an existing license revoked – for example:
- by means of an action for performance to enforce supervisory measures,
- through legal action for revocation or withdrawal (§ 49 VwVfG) due to unreliability,
- or in connection with official liability, if further damage results from the authority’s failure to act.
More than an isolated case
The Higher Administrative Court clarified: Anyone who continues operating despite a ban, ignores protective regulations, and accepts significant losses for players must forfeit their license. Providers who were operating illegally before July 1, 2021, must now be scrutinized particularly closely.
Options for victims
- Lawsuits for license revocation in case of continued breaches of duty,
- Civil law claims for reimbursement based on § 823 BGB and GlüStV as a protective law.
Conclusion
The ruling by the Higher Administrative Court shows that legal violations must not go unpunished. Where authorities fail to intervene, players could take action themselves – using legal means to challenge licenses that were granted despite clear violations.
