NRW betting shop 350 m from schools (OVG 2024): Allegations, Court Orders and Status

What this case is about

OVG Nordrhein-Westfalen, Urteil vom 06.11.2024, 4 A 2279/22 is a ruling of the 4th Senate of the NRW higher administrative court on whether North Rhine-Westphalia may refuse a betting shop permit because of its distance to schools.

The operator of a Cologne betting shop opened in 2011 challenged a refusal by the Bezirksregierung Köln of 27 July 2021, citing the 350 m minimum distance to schools in § 13 Abs. 13 AG GlüStV NRW, Art. 49 and 56 AEUV, Art. 12 and 3 GG and legitimate expectations (Vertrauensschutz). The case sits in our Licensing and Administrative Court Cases hub.

Who is covered

The ruling affects operators of Wettvermittlungsstellen (betting shops) in North Rhine-Westphalia that apply for or renew permits near schools. The plaintiff is the Cologne operator, and the defendant is the licensing authority, recorded as Stadt Köln and Land NRW.

The first instance was Verwaltungsgericht Köln, 24 K 4215/21, decided on 5 October 2022. See also Gambling Lawsuits in Germany.

Is there a payout?

No payout exists in this case. It is an operator's challenge to a permit refusal, and the record shows no fund, fine or damages.

Players are not covered, and no claim process exists. Filing a settlement claim is free wherever a claim exists, but none exists here.

What the court decided

As of 14 November 2026 the OVG judgment of 6 November 2024 stands. Confirming VG Köln, it held that NRW may refuse the permit where two public schools lie within 100 m and five schools and a youth centre lie within 200 m.

The court held the 350 m rule proportionate and compatible with EU law. It also held that the rule is not undermined by more permissive rules for other forms of gambling.

Revision to the Federal Administrative Court (Revision) was not admitted. The record read for this page does not show any further appeal, such as a complaint against the non-admission.

Why it matters

The judgment is a recent appellate confirmation that distance rules to schools can be applied against long-established betting shops. The operator opened in 2011 and still lost on the 2024 rule.

It also answers two common arguments against such rules: that they breach EU freedoms, and that they are inconsistent because other gambling is treated more leniently. The court rejected both. A related NRW line on the Spielhallen selection procedure is listed below.

Questions people ask

Is the 350 m distance to schools for betting shops lawful in NRW?

The OVG held on 6 November 2024 that the 350 m rule is proportionate and EU-compliant, and that NRW may refuse a permit on that basis in the facts of this case.

Does an older betting shop get protection from the new rule?

Not in this case. The Cologne shop opened in 2011, and the OVG still upheld the refusal, although the operator had pleaded legitimate expectations (Vertrauensschutz).

Can the decision be appealed further?

The OVG did not admit Revision. Whether a complaint against that non-admission was filed is not shown in the record read for this page.

Related cases

• OVG Nordrhein-Westfalen, NRW Spielhallen-Auswahlverfahren (2017 to 2022): the selection procedure for gaming halls in NRW.