Poker tournaments with €15 stakes are not gambling

The organisation of poker tournaments in which only non-cash prizes with a low value (here: a maximum value of € 60.00) are offered as prizes and in which participants are only charged a contribution towards expenses (here: € 15) instead of a stake that goes towards the prizes is subject to commercial gaming law and not to the State Treaty on Games of Chance. The competent authority for prohibiting such commercial activities is the respective municipality, provided that the requirements of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung) are met. This was decided by the 1st Chamber of the Administrative Court of Trier in its judgement of 3 February 2009.

The decision was based on a complaint by an organiser of poker tournaments against a decision by the Trier Supervisory and Service Directorate (Aufsichts- und Dienstleistungsdirektion Trier) based on the provisions of the State Treaty on Games of Chance, which prohibited the organiser from holding poker tournaments, even to the extent described above. The 1st Chamber of the Administrative Court of Trier overturned this decision on the grounds that the ADD was not responsible for prohibiting such poker tournaments. The poker tournaments in question did not constitute gambling within the meaning of the State Treaty on Games of Chance, because the contribution of € 15.00 merely served as an entitlement to participate in the game and had no influence on the prizes offered. There was no prerequisite that the individual's chance of winning grew out of the stakes placed by the participants in the game. The stake had to be placed in the hope of receiving an equal or higher value prize in the event of winning and in the fear that the stake would be forfeited to the other player in the event of losing. Since this was not the case with the type of poker tournaments in question, this was another game with the possibility of winning according to § 33 d of the Trade, Commerce and Industry Regulation Act. The municipalities are responsible for regulating this type of game.

This decision refers exclusively to poker tournaments, which are subject to the narrow restrictions described above. It does not deal with the question of the admissibility of the state gambling monopoly.

The parties involved may appeal against the decision within one month to the Higher Administrative Court of Rhineland-Palatinate, which has been admitted by the Administrative Court due to fundamental importance.

We will report further.

Judgement of the VG Trier of 03 February 2009 - 1 K 592/08.TR -

Source: Press release of the VG Trier of 17.02.2009

 

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