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E) The legislature was additionally entitled to imagine that a betting monopoly was needed. D) The statutory creation of a state betting monopoly is in precept an acceptable means to attain the respectable goals. A reliable aim, in distinction, is stopping the exploitation of the gambling intuition. This encroachment, in view of the present construction of the betting monopoly in Bavaria, is not constitutionally justified. In the opinion of the Interessengemeinschaft Freier Europäischer Buchmacher too, the prevailing authorized scenario is unconstitutional. Finally, the belief that the prohibition is compatible with European Community law does not violate the prohibition of arbitrariness, since this is a defensible interpretation of the EU-law necessities of a monopoly.
There is an elementary distinction between state and industrial organisers with regard to their orientation to revenue. But insofar because the complainant proceeds on the basis that the prohibition is disproportionate, that is based mostly on an inadmissible modification of the central aim of monopolisation. Despite the reality that state gambling too serves the playing intuition, which cannot be suppressed, the necessary measure of management could be better achieved as part of state betting.
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