Germany’s Federal Administrative Court (BVerwG) has ruled that the German Gaming Regulator (GGL) cannot require Internet Service Providers (ISPs) to block illegal gambling sites via IP blocking, considering them to be mere technical intermediaries. This decision limits the GGL’s means of action, which will have to continue to target the hosts of these sites rather than the ISPs. Despite this setback, the authority plans to strengthen its legal framework to better combat illegal online casinos in Germany.
On 19 March 2025, the Bundesverwaltungsgericht (BVerwG), Germany’s Federal Administrative Court, handed down a major decision concerning the fight against illegal online casinos. The court ruled that the Gemeinsame Glücksspielbehörde der Länder (GGL), the joint gaming regulator of the Länder, could not require Internet Service Providers (ISPs) to block access to illegal gambling sites by blocking IP addresses.
Legal background
According to the BVerwG, current legislation does not allow ISPs to be held responsible for the content of sites accessed by their users. The court pointed out that, in accordance with the liability criteria set out in the former Telemediengesetz, ISPs act solely as technical intermediaries with no control over content, which excludes them from any blocking obligation. In addition, the exhaustive nature of the law precludes the use of other legal bases to impose IP blocking.
The GGL’s reaction
Despite this decision, the GGL has stated that it will not affect its current strategy to combat illegal gambling operators. Since 2022, the authority has focused on blocking at the host level, forcing hosts to restrict access to illegal sites. This approach, while laborious, has resulted in the blocking of more than 930 domains linked to illegal online casinos in Germany, with around 60 new blockages each month.
Implications for ISPs and players
This decision protects German ISPs from having to implement IP blocking, thereby clarifying their role as mere data transmitters with no responsibility for the content accessed. For players, this means that access to illegal gambling sites may not be restricted at the ISP level, but rather at the source, i.e. the site host.
The LMG has indicated that it is considering proposing legislative changes to extend its blocking powers, including the possibility of restricting advertising for illegal gambling. This initiative aims to strengthen the authority’s tools to adapt to the rapidly changing online gaming market.
Total ban on illegal casinos in Belgium
Unlike Germany, Belgium applies a much stricter policy. When an online casino is blacklisted by the Gaming Commission (GC), it becomes completely inaccessible from Belgian territory.
As soon as an Internet user tries to connect to a prohibited gaming site, they are immediately redirected to a warning page entitled ‘STOP’. This official message informs the user that access to this site is prohibited by Belgian regulations and that it is preferable to turn to licensed operators. This blocking method, implemented in collaboration with ISPs, makes these sites completely inaccessible.
This approach is based on a rigorous legislative framework designed to protect players against the risks associated with unregulated platforms. By limiting access to licensed operators only, Belgium is reducing the dangers of fraud, money laundering and gambling addiction. This strategy contrasts sharply with that of Germany, where ISPs cannot be forced to block sites.