Federal Administrative Court confirms GGL advertising licence conditions
The BVerwG (8 C 2.24) upheld GGL advertising conditions in a lottery permit, including responsibility for third parties' compliance.
By Oliwer Brewitz, Head of Marketing
Key changes
- Logo on materials aimed at minors counts as gambling advertising
- Operators must ensure commissioned third parties follow advertising rules
- GGL licence conditions on advertising upheld at the highest administrative court
What changed
On 12 February 2025 the Federal Administrative Court (Bundesverwaltungsgericht, case 8 C 2.24) fully confirmed the GGL's position on two advertising conditions in a social lottery operator's permit. First, using the operator's logo on information and education materials aimed at minors counts as advertising for the lottery, because the logo is used for both the charitable activity and the gambling offer. Second, the condition requiring the operator to ensure that third parties it commissions comply with the advertising rules is lawful. The Administrative Court of Mainz had initially sided with the operator, and the Higher Administrative Court of Koblenz had partly sided with the GGL.
What it means for advertising
The ruling confirms that operators are responsible for advertising carried out on their behalf by agencies, affiliates and other partners. It also shows that brand presence in content aimed at minors can be treated as gambling advertising even when the content itself is not about gambling. Sponsorship of youth, education or charitable activity is therefore likely to be assessed as advertising.
What operators should do
Build compliance obligations into contracts with agencies, affiliates and media partners, including approval rights and the right to require removal of content. Monitor their output on a regular basis. Review any brand use in educational, charitable or youth-related material, and remove the gambling brand where the audience includes minors. Keep evidence of these controls for the GGL. Agencies should be told in writing that the operator remains responsible for their work.
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