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The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
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Rossi believes the ISC in Peru is an example of a government implementing new taxes without truly understanding how the industry works, and the potential impacts on channelisation to licensed offerings.
“Peru has been quite successful in channelling customers into the regulated framework,” Rossi comments. “The risk is that this channelisation can decrease in favour of the black market. We know the black market won’t have any consumption tax.
“There should be, in my opinion, a review of the whole ISC or consumption tax framework and find a kind of alignment or a better way to get an income in terms of taxes, but that should be balanced in order to avoid the disruption of businesses and a migration of customers to the illegal market.”
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Moreover, Evolution had continued earning revenue from operators in so-called grey markets without enforcing contractual blocks or other remedial measures despite earlier allegations.
Last month the UK Gambling Commission agreed a regulatory settlement with Evolution of £4.75 million, after finding its games had been accessible via a handful of unlicensed operators in the UK.
In July the Commission said its investigation had discovered the supplier had failed to maintain adequate anti-money laundering and customer due diligence controls in the UK.
