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Austria's VwGH clarifies landlords' liability in illegal gambling cases

Regulation

Austria's Administrative Court (VwGH) ruled in two cases dated 18 April 2023 on when premises fall within a landlord's control for gambling-tax liability. The court's reasoning, as reported, says liability depends on the landlord having the authority to permit or prohibit the gambling activity or placement of a gaming machine.

The ruling may affect landlords' exposure to gambling-tax liability where illegal gambling takes place on premises they control.

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Swiss analysis identifies enforcement challenges in illegal gambling cases

An analysis of Switzerland’s gambling laws examines enforcement responsibilities and obstacles in cases involving illegal gambling, according to a contribution highlighted by the Federal Gaming Board (CFCG). It describes the division of authority between the CFCG, the intercantonal Gespa and cantonal prosecutors, and cites a Zurich case in which one network generated more than CHF300m over several years.

Illegal gambling in Switzerland is often treated as a marginal phenomenon, but unauthorised offers are frequently run by professional structures, in some cases organised ones, according to an analysis by Bern lawyer Karin Marti published in the October issue of the journal ZfWG and flagged by the Swiss Federal Gaming Board (CFCG). The paper grew out of a talk she gave at the University of Hohenheim's gambling symposium on 17 March 2026. It examines the legal framework governing money games and how competences are split between the Confederation and the cantons, and explains why taking part in illegal gambling is not punishable even though it carries considerable risks for players.

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