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According to the court’s statement, the judges rejected challenges from gaming hall operators and said the city’s public decision was legally sound.
The ruling preserved a revenue measure the city says was designed to bring in up to €1 million according to the court’s own summary.
Andreas Braun, owner of four arcades in Wiesbaden, filed an objection and constitutional complaint against the tax rate in April last year according to local reporting. He argued that the tax rise had provided a ‘strangling’ effect to business and that it consumed operator profits.
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Supporters of the change argued that people aged 18 to 20 are already treated as adults in many areas of civic and economic life, and that retaining a separate gambling threshold of 21 could push some towards unlicensed sites.
During the committee stage debate, Labour and Home Affairs Minister Major General Pius Mokgware warned parliament against adopting rules that could not be enforced in practice.
“Do not have legislations which you cannot enforce, it is dangerous,” Mokgware told parliament.
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Medias24 reported the judge’s reasoning: “Internet access providers are technically the only parties able to end the manifestly unlawful disturbance resulting from access to unauthorised betting sites.”
The order was short-lived. The commercial court of appeal granted a stay on 26 January. According to Medias24’s 12 February report, it then annulled the order and rejected MDJS’ claim, ending the daily penalty. MDJS could still appeal.
The court action came as MDJS was warning of the financial impact of offshore betting. Director General Younes El Mechrafi told a parliamentary sport forum in December that illegal sports betting stakes reached about MAD3.5 billion in 2024. He put the cost to the state at some MAD700 million, split between the national sports development fund and the Treasury.
