In its ruling dated 07.05.2025 (Ref. 16 K 6623/22), the VG Düsseldorf decided on the requirements for permissibility and the minimum distance to betting shops.
What is the general minimum distance from betting shops?
The permissibility of operating betting agencies (also referred to imprecisely in legal terms as "betting shops") is strictly regulated in North Rhine-Westphalia - as in other federal states.
According to Section 13 (13) AG GlüStV NRW, a minimum distance of 350 meters must be maintained between betting shops and public schools as well as child and youth welfare facilities. For existing betting outlets that already existed on 22 May 2019 and have a valid building permit, this distance is reduced to 100 meters (Section 13 para. 15 sentence 2 AG GlüStV NRW). The regulation serves to protect minors and gamblers and is an expression of the legislative objective of avoiding incentives for young people and the excessive availability of betting offers in public spaces.
Pursuant to Section 21a (1) sentence 2 GlüStV 2021 in conjunction with Section 13 AG GlüStV NRW, the licensing requirement for the brokerage of sports betting is § Section 13 AG GlüStV NRW, the granting of a license that concerns both the betting operator and the specific brokerage location. The granting of a license can also be further specified by means of ancillary provisions, provided that the legal requirements leave room for this.
What was the specific case about?
In 2020, the applicants - a sports betting operator licensed in Germany and a betting broker - applied for a gambling license to operate a betting agency in L. This was located just 39.5 meters as the crow flies from the open children's leisure facility "F.-G.-Haus", which is run by the Protestant Church and is regularly visited by children between the ages of 6 and 12.
The district government rejected the application as the reduced minimum distance to betting shops of 100 meters for existing betting outlets was not met. An exception was not indicated, in particular there were no atypical circumstances that could justify a deviation from the minimum distance to betting shops. Even milder measures such as requirements for shop window design are not permissible due to the lack of a legal basis.
The plaintiffs countered that the F.-G.-Haus was not a public institution due to its church sponsorship, that the scope of protection of the provision did not cover children under the age of 12, and that in any case there was protection of legitimate expectations due to the earlier building permit.
Legal considerations of the VG Düsseldorf
The Administrative Court dismissed the action with Judgment of 07.05.2025 (Ref. 16 K 6623/22) in its entirety and confirmed the legality of the refusal:
1. applicability of the minimum distance regulation
The court clarified that Section 13 (13) AG GlüStV NRW also applies to child and youth welfare facilities run by churches. The decisive factor is not the sponsorship, but the regular use by children and young people. The F.-G.-Haus therefore clearly falls within the scope of application.
2. no deviation from the minimum distance
It is true that Section 13 (13) sentence 4 AG GlüStV NRW opens up the possibility of allowing deviations, taking local circumstances into account. However, this can only be considered in atypical cases. Such circumstances - such as terrain obstacles, special urban planning features or only minimal undercutting - do not exist. On the contrary, the undercutting by more than 60 meters was significant.
3. inadmissibility of conditions as a milder measure
The VG clarified that the legally standardized minimum distance requirement may not be undermined by the possibility of imposing conditions. § Section 13 (13) AG GlüStV NRW is conclusive in this respect as a lex specialis and does not allow for an exception through mere conditions.
4. compatibility with higher-ranking law
The court also found that the regulation was neither unconstitutional nor contrary to EU law:
- Art. 12 GG (freedom of occupation): The restriction is justified by the legitimate purpose of protecting children and young people.
- Art. 49 and 56 TFEU (freedom of establishment and freedom to provide services): The regulation is proportionate and non-discriminatory.
- Protection of legitimate expectations: A reduced distance of 100 meters is even provided for existing betting exchanges. There is no further protection. The legislator had already made it clear in 2012 that the old practice could not be expected to be tolerated in the long term.
What needs to be done?
Companies that operate or plan to operate a betting shop must maintain the minimum distance from betting shops and should observe the following:
- Location analysis: A precise examination of the surroundings (in particular distances to schools and youth welfare facilities) is essential in advance of an application. The distances are to be calculated as the crow flies, in the case of schools and youth welfare facilities from the property boundary.
- No exemption through conditions: Even an elaborate exterior design or advertising restrictions generally do not change the inadmissibility if the minimum distances are not met.
- Existing locations: For sites approved and operated before 22 May 2019, there is only limited transitional protection - with a reduced distance of 100 meters.
- Constitutional and EU law attacks against the minimum distance regulation are currently not promising, as case law is convinced of their admissibility.
Conclusion:
The decision strengthens the restrictive line of case law with regard to the choice of location for betting outlets. Operators should make location decisions with the utmost care and legal support. For existing locations, we recommend legally reviewing compliance with the distance regulations at an early stage in order to avoid unnecessary investments or permit refusals.
If you have any questions regarding applications, site inspections or the legal enforcement of rights, please contact AVANTCORE RECHTSANWÄLTE in Stuttgart as a specialized law firm for Administrative law competent and committed.
EN 
DE