- 17.03.2008, 08:33:56
- /
- OTE0002
euro adhoc: bwin Interactive Entertainment AG / Justice/Processes / German Federal Court of Justice dismisses motion against enforcement order from bwin International Ltd. - Final ruling on the merits expected in 2009 (E)
--------------------------------------------------------------------------------
Disclosure announcement transmitted by euro adhoc. The issuer is responsible
for the content of this announcement.
--------------------------------------------------------------------------------
16.03.2008
Since 2002, bwin International Ltd. has been providing games of chance to its
customers under the www.bwin.com domain (formerly www.betandwin.com)- among
others to German residents. In September 2004, Westdeutsche Lotterie GmbH & Co
OHG ("Westlotto") sought a judgement against bwin International Ltd. to prevent
the Company from organizing, brokering or advertising sports betting, casino and
lottery games in Germany.
In February 2006 the Regional Court of Cologne ruled in favour of Westlotto at
the first instance. In September 2007, the Higher Regional Court of Cologne
confirmed the judgement of the court of first instance, declaring it to be
enforceable. bwin lodged an appeal with the Federal Court of Justice against the
judgement by the Higher Regional Court of Cologne. Although the Federal Court of
Justice is not expected to pass a final ruling on the merits for the next 12 to
18 months, Westlotto instituted enforcement proceedings against bwin in November
2007.
bwin filed a motion to the Federal Court of Justice requesting the court to
suspend enforcement proceedings until the court has passed a final ruling on the
merits. In a decision served on 14 March 2008, the Federal Court of Justice
rejected the motion filed by bwin International Ltd. on procedural grounds.
Until a final ruling by the Federal Court of Justice on the merits, Westlotto
may now apply for further enforcement orders. If the Company eventually fails to
win the appeal proceedings before the Federal Court of Justice, or if a
political solution is not found in the interim, any penalties that may be
imposed as a result of enforcement orders could have a material adverse effect
on the Company´s results and financial position. Should the Federal Court of
Justice decide in favour of bwin, the Company reserves the right to claim for
damages.
In view of the latest legal developments, bwin and its legal advisors are
confident that they will win the case against Westlotto. The European Commission
is also of the opinion that the current legal situation in Germany is
incompatible with primary EU legislation, and has therefore instituted further
infringement proceedings against Germany. Furthermore, there are several
preliminary rulings originating from German courts still pending judgement by
the European Court of Justice. bwin therefore assumes that it will be able to
maintain unchanged the products offered for German clients on the www.bwin.com
domain, notwithstanding this judgement by the Federal Court of Justice.
bwin e.K., which offers the Company´s products on www.bwin.de under a licence
issued by the former German Democratic Republic, is not a party to these
proceedings before the Federal Court of Justice.
Further inquiry note:
Investors:
Konrad Sveceny, Investor Relations
bwin Interactive Entertainment AG
Boersegasse 11, 1010 Vienna, Austria
Tel.: +43 (0) 50 858-20017
E-mail:[email protected]
http://www.bwin.ag
Press:
Kevin O'Neal, Press officer
bwin Interactive Entertainment AG
Boersegasse 11, 1010 Vienna, Austria
Tel.: +43 (0) 50 858-24010
E-mail:[email protected]
http://www.bwin.ag
end of announcement euro adhoc
--------------------------------------------------------------------------------
emitter: bwin Interactive Entertainment AG
Börsegasse 11/Lift 3/Top floor
A-1010 Wien
phone: +43 (0) 50 858-0
FAX: +43 (0) 50 858-16
mail: [email protected]
WWW: www.bwin.ag
sector: Casinos & Gambling
ISIN: AT0000767553
indexes: ATX, Prime.market
stockmarkets: official dealing: Wiener Börse AG
language: English
OTS-ORIGINALTEXT PRESSEAUSSENDUNG UNTER AUSSCHLIESSLICHER INHALTLICHER VERANTWORTUNG DES AUSSENDERS - WWW.OTS.AT | OTB






