Recent Verdicts

Sports betting regulation to be altered – Federal Constitutional Court’s judgement

Barring contingency fees without exemptions unconstitutional – Federal Constitutional Court’s judgement

Sports betting regulation to be altered – Federal Constitutional Court’s judgement

The Federal Constitutional Court judged that it is incompatible with Article 12.1 of the Basic Law that under the Act on the Lotteries and Betting Organised by the Free State of Bavaria of 29 April 1999 sports betting in Bavaria may be organised exclusively by the Free State of Bavaria, and only bets of this kind may be arranged commercially, and yet the monopoly is not consistently geared to the goal of combating the dangers of addiction. The legislature is ordered to pass new provisions for the organisation and arranging of sports betting, taking into account the constitutional requirements that follow from the grounds, by 31 December 2007.

Barring contingency fees without exemptions unconstitutional – Federal Constitutional Court’s judgement

The Federal Constitutional Court published a decision that may have far-reaching implications for how law is practiced in Germany. The Court decided that a law barring contingency fees in all cases was unconstitutional. It held that, under certain narrow circumstances, there was a constitutional right to be able to bring a civil action by means of a contingency fee contract with a lawyer. The Court weighed two rights, or freedoms: the client's right to access to the courts in civil cases, and the lawyer's right to freely practice her profession. The absolute bar on contingency fees interfered with both these rights. The legislature is ordered to pass new provisions, taking into account the constitutional requirements, by 30 June 2008.