Share This Article
On 19 March 2025, in a case relating to the blocking of gambling sites, the German Federal Administrative Court (Bundesverwaltungsgericht – BVerwG) delivered a landmark decision in case 8 C 3.24, confirming the illegality of a blocking order issued by the Joint Gambling Authority of the Federal States of Germany (Gemeinsame Glücksspielbehörde der Länder – GGL) against a telecommunications service provider which has a substantial impact for the gaming industry.
The ruling affirms that there is currently no sufficient legal basis under the German State Treaty on Gambling 2021 (Glücksspielstaatsvertrag 2021 – GlüStV 2021) for imposing blocking obligations on so-called resellers of internet services. The decision carries significant implications for telecommunications companies operating in Germany and for the enforcement strategy of the GGL.
This is extremely interesting case from my German DLA Piper gambling law experts Michael Stulz-Herrnstadt and Christoph Engelmann.
The case on IP blocking of gambling websites in Germany
The case concerned a telecommunications service provider that operates without its own network infrastructure. Instead, it purchases wholesale services from network operators and resells them as internet access services to end-users in Germany. In 2022, the GGL ordered the company to block access to several gambling websites operated from Malta, which had previously been the subject of prohibition orders due to their unauthorized gaming offerings targeting German users.
The access provider challenged the blocking order, arguing that it was not a responsible service provider within the meaning of the applicable legal framework and that the measure lacked a sufficient legal basis. Both the Administrative Court of Koblenz and the Higher Administrative Court of Rhineland-Palatinate ruled in favour of the provider.
The BVerwG Decision on IP blocking of gambling sites
The BVerwG upheld the lower courts’ decisions, concluding that the blocking order of the gambling websites was unlawful. The Court held that:
- The legal basis invoked by the GGL, namely 9 (1) sentence 3 No. 5 GlüStV 2021, does not apply to telecommunications resellers/access providers who are not deemed responsible service providers under Sec. 8 to 10 of the – now out-of-force – German Telemedia Act (Telemediengesetz – TMG).
- Furthermore, the more general enforcement provisions under Sec. 9 (1) sentences 1 and 2 GlüStV 2021 could not be relied upon, as the more specific rule in sentence 3 no. 5 provides an exhaustive framework for measures against service providers.
This clarification significantly narrows the scope of regulatory enforcement measures available to the GGL, at least as far as access providers are concerned.
Implications and Next Steps for the gambling industry
In its public statement, the GGL acknowledged the ruling and reaffirmed its commitment to combatting illegal online gambling but recognised the need to adapt its regulatory tools in light of the decision. More specifically, GGL called for a review of the scope of Sec. 9 GlüStV 2021 – particularly with regard to a possible extension to advertising for illegal gambling, as well as a waiver of the prior taking of action against the gambling providers, comparable to the approach taken for payment blocking.
Other than that, GGL will continue enforcement focused on host providers instead of access providers, even though their legal responsibility is now governed by the Digital Services Act (Regulation (EU) 2022/2065 – DSA) which replaced the – now out-of-force – TMG, that is still referenced in the GlüStV 2021.
For telecom resellers and other access providers, the decision provides welcome legal clarity and strengthens the principle that enforcement measures must be firmly grounded in law. It also underscores the importance of a clear delineation between different types of intermediaries in the context of regulatory obligations.
Companies affected by similar enforcement actions may now consider reviewing their legal position and challenging unsupported or disproportionate administrative measures. The ruling may also have broader implications for discussions around regulatory reach in the digital services sector.
If you want more information on the impact of this decision on the IP blocking in Germany of gambling websites, I will be glad to introduce you to my Germany gambling law experts Michael Stulz-Herrnstadt and Christoph Engelmann. Also, you can have an outline on the German gambling law regime in DLA Piper’s Gambling Laws of the World Guide available HERE and access further gambling law news HERE.