Kick-off for the grant of gaming licenses in Austria
Following an important judgment of the European Court of Justice in "Engelmann" (C-64/08) the Austrian rules on games of chance (Glücksspielgesetz) were altered considerably in order to align the legal situation in Austria with European law.
First, the establishment of a company in Austria is no longer a "must" to operate games of chance in Austria provided that amongst others the company
- is seated in another EU-member state and
- is bound by a comparable regulatory framework.
Secondly, concessions for games of chance will only be granted following a public search for interested parties based on the principle of transparency and the prohibition of discrimination on grounds of nationality.
Recently we have summarized the newly applicable rules in one of the important legal magazines in Austria. You can access the publication via our website.
In the meantime, the Austrian Federal Ministry of Finance has started a search for interested parties with regard to the upcoming tender for the grant of concessions (Lotto, Toto, Lotteries, Electronic Lotteries).
According to media reports, in particular the Austrian incumbent (Österreichische Lotterien), Novomatic and companies from France and Italy are interested in participating in this competitive procedure.
For further information or questions please do not hesitate to contact our "games of chance experts" from BINDER GROESSWANG.
Contact
Dr. Johannes Barbist
Partner
barbist@bindergroesswang.at
The information provided in this newsletter is general in nature and does not constitute legal advice. BINDER GRÖSSWANG Rechtsanwälte GmbH cannot assume any liability in respect thereof. Before entering in commercial transactions, professional legal advice should be sought.