Wiesbaden’s higher slot machine tax upheld despite alleged ‘strangling’ effect

Wiesbaden’s higher slot machine tax will stay in force after the Hessian Higher Administrative Court in Kassel upheld the city’s move to raise the rate from 5% to 7.5% from 1 January 2024. 

According to the court’s statement, the judges rejected challenges from gaming hall operators and said the city’s public decision was legally sound. 

The ruling preserved a revenue measure the city says was designed to bring in up to €1 million according to the court’s own summary.

A ‘strangling’ effect

Andreas Braun, owner of four arcades in Wiesbaden, filed an objection and constitutional complaint against the tax rate in April last year according to local reporting. He argued that the tax rise had provided a ‘strangling’ effect to business and that it consumed operator profits.

According to a high court ruling from over a decade ago, the tax rise cannot be allowed to rise to the point of ‘consuming livelihoods’. 

“If the tax burden alone makes it impossible to establish the occupation of slot machine operators as the economic basis of one’s livelihood within the municipality,” the ruling said. 

Braun also argued that the public had been excluded from the preparatory finance committee meeting without justification.

The court’s response

But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses. 

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.

The decision is not yet legally binding, with a further opportunity to appeal the denial of ‘leave to appeal’ open to the applicants. This will be reviewed by the Federal Administrative Court of Leipzig.

Black market blossoms

In his original complaint, Braun also cited a study that found that nearly half of respondents were thinking of using illegal gambling services due to legal restrictions. 

In recent weeks, German authorities conducted a crackdown on an alleged illegal online gambling operation suspected of facilitating wagers totalling approximately €5.86 billion over a 30-month period.  

The DSWV tradebody, representing licensed sports-betting operators, broadly welcomed the enforcement action as a necessary response to the illegal market’s growth and associated risks. 

“This successful investigation clearly demonstrates the scale that the illegal gambling market has now reached,” said Mathias Dahms, president of the DSWV.