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The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
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.
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Its exclusivity reportedly runs to 2036 under an unpublished 2016 convention with the state. The commercial operation is run under a tendered management contract rather than a licence. Unauthorised gaming houses and lotteries are criminal offences under articles 282 to 285 of the penal code.
MDJS has turned to the courts to challenge offshore betting. On 12 January the Casablanca commercial court, sitting in summary proceeding, ordered Maroc Telecom, Orange Maroc and Inwi to block 19 named betting sites and local payment intermediaries. Non-compliance carried a penalty of MAD10,000 a day.
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.”
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The decision to use a provisional measure means the restrictions can take effect immediately, less than a month before the elections. This is the clearest indication yet that the sector is being used for electoral purposes to try and secure Lula’s re-election.
The drafting of the text is reportedly in the hands of the Civil House, with some believing that it serves an electoral purpose, meaning Lula potentially riding the wave of criticism against the sector.
The Brazil betting industry has faced increasing scrutiny of late over claims that families are falling into debt because of gambling.