CDU Council Pushes 2026 GlüStV Reset as Illegal Play Grows
The federal working group “Mehr Privat für einen starken Staat” of the Wirtschaftsrat der CDU has approved a policy paper calling for a reset of Germany’s 2021 State Treaty on Gambling ahead of the treaty’s evaluation deadline at the end of 2026. The paper argues that Germany’s regulated market needs a better balance between commercial freedom, player protection and enforcement against illegal operators.
The group identifies one core problem: Germany’s licensed gambling offer fails to attract enough players away from unlicensed sites.
Legal Market Loses Ground
According to the paper cited by Jamma, Germany’s legal gambling market generated €14.4bn in gross gaming revenue in 2024, including €3.5bn from online gambling. Gambling tax revenue reached around €2.5bn, while state lotteries contributed around €3.3bn to sport, culture, environmental and social projects.
The CDU-linked group does not challenge the state lottery monopoly. It describes lotteries as a key part of the current system. The market still needs correction, the paper argues, almost five years after the GlüStV 2021 came into force.
ISA-GUIDE, citing the same policy document, reports that comparable EU markets reach channelisation rates above 80%, while Germany lags well behind. Online casino games face a near-total black market problem, and illegal offers are also growing across other verticals, including lotteries.
Tax data adds to the pressure. The paper says tax revenue from virtual slot games fell by more than half between 2021 and 2024. For the CDU working group, that points to a model that restricts licensed operators without cutting illegal supply.
Evidence-Based Rules
The group wants channelisation to become the main test for gambling regulation. Any restriction on licensed operators should be judged by whether it moves players into the regulated market and improves player protection.
The paper calls for gambling rules to rely on scientific evidence. It proposes a “rolling evaluation clause” that would allow regulators to adjust or suspend ineffective restrictions during the life of the law, rather than wait for the next full reform.
In addition, ISA-GUIDE adds a legal angle not covered in the Italian report. The paper cites a 17 July 2025 Federal Court of Justice decision (Az. I ZR 74/24) in the DocMorris case, where the court said state restrictions on professional and service freedoms require reliable evidence of suitability and necessity.
That decision matters for the GlüStV debate. If Germany’s evaluation report due by 31 December 2026 fails to produce evidence for existing restrictions, the paper warns the rules could become harder to defend in German courts or before the European Court of Justice.
Slot Rules Face Review
The policy paper gives special attention to slot machines and gaming halls. It says the sector faces a fragmented rulebook made up of the State Treaty on Gambling, regional gaming hall laws, federal machine rules and municipal entertainment taxes.
Germany is expected to review its federal machine regulation in 2026, and the CDU working group wants that process coordinated with the wider GlüStV review. Existing rules should be tested on a practical basis: do they support the legal market, or do they push players toward unlicensed alternatives?
Enforcement Gap
By contrast, the paper highlights what it calls an enforcement imbalance. Licensed operators face deposit limits, advertising restrictions and product rules, while illegal operators often face fewer practical barriers, partly because Germany’s site-blocking tool is currently difficult to apply under existing case law.
To close that gap, the CDU working group calls for stronger payment blocking against unlicensed sites, renewed use of site blocking and more criminal action against operators without authorisation.
Another proposal in the paper concerns Germany’s national gambling regulator, which the group wants to take on a wider role. Alongside supervision, the authority would work more closely with licensed operators to track new products, risks and technology changes.
💡TGJ Take
Germany’s 2026 evaluation is shaping up as a channelisation test, not a routine policy review. If licensed operators cannot compete on product, tax and speed to market, enforcement alone will not fix the illegal market problem. The DocMorris decision raises the legal stakes too: restrictions without evidence could become harder to defend in court, giving the CDU paper a legal argument beyond politics. Online casino and slot operators should track the December 2026 evaluation report closely. Affiliates should also watch for any move to loosen legal-market restrictions, since traffic value could shift quickly back toward licensed brands.
