The State Treaty on Games of Chance has envisaged the authorisation of private providers of sports betting since 1 July 2012 as part of an experimental phase of originally seven years. The maximum number of concessions has so far been limited to 20. Quota fixing for the concessions and the concession procedure with a final decision by the Federal Council of Games of Chance [Glücksspielkollegium] as a joint establishment of all federal states is deemed constitutional by case law (Bavarian Constitutional Court, decision of 25 September 2015; Hamburg Higher Administrative Court, ruling of 22 June 2017; Federal Administrative Court, ruling of 26 October 2017). However, it has not yet been possible to grant concessions because the Hessian Constitutional Courts have postponed any granting until a decision on the main issue is made at a time that cannot be estimated (Hessian Constitutional Court, decision of 16 October 2015). Since the beginning of the experimental phase, the German authorities have taken this into account by taking action against pro-legalisation providers not only for lack of a concession.

The Second State Treaty amending the State Treaty on Games of Chance, already notified under No 2016/0590/D, was not approved by all federal state parliaments and therefore did not enter into force. The substance of some of the provisions envisaged at that time and already notified are now to be implemented with the Third State Treaty amending the State Treaty on Games of Chance.