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But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses.
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.
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Stella David, Entain’s CEO, called for the government to move ahead with the ban immediately, arguing clubs were already aware of the planned changes.
“Premier League clubs that have struck new deals with unlicensed gambling operators knew the risks,” she said. “The government made clear in February that it would bring in a ban and it should do so immediately: even if that means clubs ordering new kit mid-season.
“Inconvenience is not an excuse for inaction.”
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