DR. SARAFI Rechtsanwaltsgesellschaft mbHFrankfurt am Main · Throughout Germany
Criminal gambling law

DR. SARAFI lawyers achieve first-time major case victory against the Joint Gaming Authority of the Länder (GGL)

DR. SARAFI Rechtsanwaltsgesellschaft mbH1 min Reading time

From our press archive. This communication gives the status of the original publication of 10 December 2025 again. Subsequent developments in the process are not automatically taken into account.

Frankfurt am Main, December 10, 2025 — Dr. SARAFI lawyers have achieved significant success against the Joint Gaming Authority of the Länder (GGL) in proceedings that have received nationwide attention. For the first time, it has been possible to fully assert the interests of a (well-known Twitch) streamer in main proceedings against a prohibition order under gaming law.

The proceedings were based on the allegation that the streamer had engaged in criminal advertising in accordance with Section 284 (4) StGB by presenting his own game participations in online gambling and violated the advertising ban of Section 5 (7) GlüStV 2021. The GGL filed a criminal complaint, issued a prohibition order and threatened a fine of 200,000€.

In the criminal investigation, we were able to get the proceedings discontinued in accordance with Section 170 (2) StPO. It was explained in detail that the criminal advertising term is to be interpreted narrowly and, contrary to the opinion of GGL, does not have the advertising effect, but must be based on the act itself.

We also successfully represented the streamer in the parallel administrative court proceedings. In the first instance before the administrative court, we were able to obtain the suspension of the prohibition notice in urgent proceedings. However, this decision was overturned by the Higher Administrative Court in appeal proceedings. The GGL later set the threatened penalty payment; however, the main issue remained pending.

On December 8, 2025, the Halle Administrative Court heard the main issue. The streamer was represented by Dr. Nik Sarafi. The court followed our argument that the prohibition order was substantively unlawful and overturned the order in full. GGL must bear the costs of the dispute.

It was remarkable that GGL mandated an external administrative law firm for the urgent and main proceedings.

The decision is of considerable importance for regulatory practice in the areas of streaming, digital content and gaming law. It clarifies the legal limits of official intervention in digital and cross-border forms of communication and strengthens legal certainty for content creators.

For inquiries:
DR. SARAFI Rechtsanwälte
info@sarafi.de

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