Austria

LEGISLATION

Austrian law distinguishes between the federal and the state level. National and interactive gambling services are regulated by the federal Law on Games of Chance (Glücksspielgesetz). The law provides for a quasi-state monopoly for the organisation of lotteries. According to this law, only one license may be granted for the exploitation of an Austrian lottery by the Ministry of Finance, and only to a private company. Next to the issuance of the license, the Ministry of Finance supervises the licensed company. The single license is granted for a period of 15 years and is currently in possession of the Österreichische Lotterien Gesellschaft mbH (Austrian Lotteries) until 2026.

Only the licensed Austrian lottery company and state-controlled casinos may offer online lottery games and casino type games. Betting is regulated at the state level. The European Court of Justice ruled in September 2010 that the granting of licenses needs to be done in a more transparent way, open to competition from abroad. In the summer of 2010 the Parliament approved an amended Gaming Act. Austrian Lotteries won the tender to continue organizing the lottery.

CHARITY LOTTERIES

Lotteries with the purpose of raising money for good causes are only allowed if granted authorisation by the state. The event must be organised by legal persons domiciled in Austria and may not be organised for commercial purposes. If the prize money awarded in the game exceeds €15,000, the event must be designed to achieve “individual goals of a charitable, ecclesiastical or philanthropic nature in Austria.”

As far as we know, lotteries that meet the criteria of a charity lottery do not exist in Austria. However, the Österreichische Lotterien Gesellschaft distributes part of the sales to charities and is therefore mentioned below.

• ÖSTERREICHISCHE LOTTERIEN GESELLSCHAFT MBH

  The Österreichische Lotterien Gesellschaft, or Austrian Lotteries, established in 1986, offers different products for the Austrian gambling market, including: Lotto, Toto, bingo, EuroMillions, scratch cards and online and class lotteries. Casinos Austria is the majority shareholder of Austrian Lotteries.

  Total turnover of the company in 2012 amounted to € 2,955.3 million (↑2%), of which € 80 million (2.7%) was used for the promotion of sports, e.g. for more coaches, better infrastructure and sports medicine. The funds are managed by the Austrian Federal Sports Organisation. As of January 2005 the Österreichische Lotterien Gesellschaft is obliged to reserve 3% of its annual sales proceeds, and a minimum of € 40 million, for the promotion of sports.

  Furthermore, the lottery covers the financial needs of several foundations (Austrian Child Aid Foundation, Austrian Senior Citizens Aid Foundation and Austrian Sport Aid Foundation) since it introduced the lotto ‘6 out of 45’ game in 1986, which became a superior competitor for the number lotteries that were organised by these foundations.

  Total prizes paid out in 2012 amounted to € 2,187 million, making up 74% of total sales. An amount of € 455 million (15%) was paid for fees, duties and taxes. For more information go to: www.lotterien.at