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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.

The decision is not yet legally binding, with a further opportunity to appeal the denial of ‘leave to appeal’ open to the applicants. This will be reviewed by the Federal Administrative Court of Leipzig.

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Asked why GiG had returned to B2C, Richards explains the decision was threefold.

“First, our own priorities have shifted,” he says. “We have been explicit that we are moving away from a growth-at-all-costs mindset, towards a more disciplined focus on profitability and cash generation, and 888Africa is immediately accretive on both counts.

“Second, the opportunity itself was time-limited. 888Africa became available because of Evoke’s own strategic evolution, and assets of this quality with this kind of market position do not come up often.

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The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.

An attorney for Minnesota Valley told commissioners the cooperative plans to appeal the order.

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