German Court Sides with Internet Provider in Gambling Site Blocking Case

In a significant ruling, Germany’s Federal Administrative Court (Bundesverwaltungsgericht) has decided that an internet service provider (ISP) without its own network infrastructure is not obligated to block access to gambling websites deemed illegal in Germany. The court in Leipzig dismissed an appeal by the Joint Gambling Authority of the Länder (federal states) on Wednesday. The authority had ordered the provider to block specific sites operated by companies based in Malta. (Case number: 8 C 3.24)

The Maltese companies in question offer online gambling services that are not permitted under German law. The ISP challenged the authority’s order, successfully arguing its case before both the Administrative Court and the Higher Administrative Court in Koblenz. The Federal Administrative Court has now upheld those decisions.

The legal battle centered on the new Interstate Treaty on Gambling of 2021, which references the now-repealed Telemedia Act. According to this act, blocking orders can only be issued against responsible service providers as defined by the law. Responsibility lies only with those who initiated the transmission of the gambling content or selected the content or its recipients.

The Federal Administrative Court clarified that the repeal of the Telemedia Act does not alter this interpretation. The Interstate Treaty on Gambling refers to the version of the act that was in effect when the treaty came into force. Under that version, the ISP in this case is not considered responsible.