 |
|
|
|
|
|
|
|
|
|
|
|
|
17 March
2008 German Court
Dismisses Motion Against bwin In September
2004, Westdeutsche Lotterie GmbH & Co OHG
("Westlotto") sought a judgement against bwin
International Ltd. to prevent bwin
from organising, brokering or advertising
sports
betting,
casino
and lottery
games in
Germany. In February 2006
the Regional Court of Cologne ruled in favour of
Westlotto at the first instance. In September 2007,
the Higher Regional Court of Cologne confirmed the
judgement of the court of first instance, declaring
it to be enforceable. bwin lodged an appeal with
the Federal Court of Justice against the judgement
by the Higher Regional Court of Cologne. Although
the Federal Court of Justice is not expected to
pass a final ruling on the merits for the next 12
to 18 months, Westlotto instituted enforcement
proceedings against bwin in November
2007. bwin filed a
motion to the Federal Court of Justice requesting
the court to suspend enforcement proceedings until
the court has passed a final ruling on the merits.
In a decision served on 14 March 2008, the Federal
Court of Justice rejected the motion filed by bwin
International Ltd. on procedural grounds. Until a
final ruling by the Federal Court of Justice on the
merits, Westlotto may now apply for further
enforcement orders. If the Company eventually fails
to win the appeal proceedings before the Federal
Court of Justice, or if a political solution is not
found in the interim, any penalties that may be
imposed as a result of enforcement orders could
have a material adverse effect on the Company's
results and financial position. Should the Federal
Court of Justice decide in favour of bwin, the
Company reserves the right to claim for
damages. In view of the
latest legal developments, bwin and its legal
advisors are confident that they will win the case
against Westlotto. The European Commission is also
of the opinion that the current legal situation in
Germany is incompatible with primary EU
legislation, and has therefore instituted further
infringement proceedings against Germany.
Furthermore, there are several preliminary rulings
originating from German courts still pending
judgement by the European Court of Justice. bwin
therefore assumes that it will be able to maintain
unchanged the products offered for German clients
on the www.bwin.com domain, notwithstanding this
judgement by the Federal Court of
Justice. |
|
|
|
Contact Us - Casinos - Privacy Policy Copyright © 2009 CasinoBeacon.co.uk |