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The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
The decision is not yet legally binding, with a further opportunity to appeal the denial of ‘leave to appeal’ open to the applicants. This will be reviewed by the Federal Administrative Court of Leipzig.
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Advertising prohibited: Direct or indirect marketing communication regarding betting on radio and television, newspapers, magazines, outdoor media, streaming services, podcasts, social networks, video platforms, apps, websites, blogs, forums, search engines and other internet environments is prohibited.
Messaging and targeted advertising: The restriction also extends to instant messaging, SMS, email, notifications, advertising automatically targeted by algorithms, telemarketing – which shows ads again to people who have already been exposed to certain content – and profiling based on user behaviour.
Other means of dissemination: The prohibition includes advertising in electronic games and esports, sports uniforms and equipment, public transport and affiliate content, tipsters, comparison sites and other paid intermediaries.
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The partnership also plans to analyse operational data, develop pilot programmes and construct a model for national deployment.
A systemic policy cooperation mechanism is expected, targeting youth gambling prevention and student safeguarding. Rather than implementing short-term campaigns, the focus will be on embedding gambling prevention into everyday school routines.
It will include combining restrictions on smartphone use with engaging RAS activities to effectively block and fill the time students might otherwise spend being exposed to gambling content.
