Federal court limits GGL blocking orders against internet access providers
The BVerwG (8 C 3.24) held that the GlüStV 2021 blocking power cannot in practice be used against access providers not liable under the TMG.
By Oliwer Brewitz, Head of Marketing
Key changes
- Blocking orders against access providers require TMG liability
- Static reference to the former Telemediengesetz confirmed
- GGL calls for amendment, including coverage of advertising for illegal gambling
What changed
On 19 March 2025 the Federal Administrative Court (case 8 C 3.24) dismissed the GGL's appeal concerning a blocking order against an internet access provider. The court held that § 9(1) sentence 3 no. 5 of the Glücksspielstaatsvertrag 2021 contains a static reference to §§ 8 to 10 of the former Telemediengesetz, and that access providers can only be addressees of a blocking order if they meet those liability standards. The order was therefore unlawful. In response, the GGL said it had not acted against access providers since 2022 and focuses on host providers, with about 930 domains blocked or unreachable. It called for the norm to be amended, including extending it to advertising for illegal gambling.
What it means for advertising
Network-level blocking of illegal gambling sites by access providers is not available under the current wording. This makes other tools, including payment blocking, host provider measures and action against advertising, more important. The GGL's proposal to extend the blocking norm to advertising for illegal gambling would, if adopted, affect publishers, ad networks and other intermediaries. Payment blocking, which does not depend on this provision, remains available to the GGL.
What operators should do
Follow the legislative response: the second amending state treaty signed in March 2026 revises this blocking norm. Media partners should continue to check advertisers against the GGL whitelist. Licensed operators should report illegal competitors and advertising for them to the GGL, and should make sure that their own affiliates do not link to unlicensed sites. Publishers should also review any affiliate or sponsored content that links to unlicensed operators.
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