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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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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.
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Grasso has also had a professional relationship with Rovito. Patch reported that the mayor, an attorney, has represented the restaurateur in civil matters. A pasta dish made of “fresh tomato sauce and basil, tossed with a touch of olive oil, and topped with fresh ricotta” at Capri Ristorante is also named “Linguini alla Mayor Grasso”
The relationship has drawn additional attention since Rovito’s arrest.
In June, Grasso wrote an opinion piece in the Chicago Tribune criticizing what he described as media coverage that unfairly associates Italian Americans with organized crime. However, he did not directly name Rovito in the piece.