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Wiesbaden’s higher slot machine tax will stay in force after the Hessian Higher Administrative Court in Kassel upheld the city’s move to raise the rate from 5% to 7.5% from 1 January 2024. 

According to the court’s statement, the judges rejected challenges from gaming hall operators and said the city’s public decision was legally sound. 

The ruling preserved a revenue measure the city says was designed to bring in up to €1 million according to the court’s own summary.

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Bentley believes regulated operators are genuinely trying to do the right thing but says some mistakes could be mitigated through better automation and continuous monitoring. Enforcement statements also provide lessons that businesses should use to test their own exposure.

“It would be crazy to say that these cases are positive for the industry,” he says. “They will no doubt continue, but as an industry we need to try to reduce their frequency.”

Enforcement publicity may lack context, and some settlements may involve errors rather than systemic recklessness. But the sector cannot control how its opponents use these cases. It can only reduce the supply.

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The appeals court did not rule that Baldwin or Bridge Capital owes Laos the money. Instead, it said the lower court must hear Laos’ argument that they should be responsible for awards made against the companies they allegedly controlled.

That sends the sprawling Savan Vegas dispute back to court once again, 14 years after it began.

Laos attorney David Branson told Law360 the government has been trying to collect the awards for more than seven years and said the latest ruling had cleared a “path to recovery.”