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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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Three months later, Judge Denise Cote ordered Papaya to pay Skillz $719 million in damages for poaching players from its skill gaming platform on the belief that Papaya had more players and therefore facilitated considerably faster peer-to-peer pairing times.

Papaya, headquartered in Israel, quickly secured a temporary stay of proceedings from the Tel Aviv District Court and filed a Chapter 15 petition with Delaware’s U.S. Bankruptcy Court. The Chapter 15 petition seeks to prevent Skillz from initiating collection efforts until its appeals play out.

Papaya concedes that it cannot immediately pay the $719 million judgment, arguing that allowing the company to pay the penalty over multiple years would “preserve … the rights of all parties.”