The present work deals with the different problems of the German and the Austrian gambling law. The issue of gambling is due to the increasing number of gambling addicts in recent years become highly important. A representation of legal gambling rules in Germany and Austria follows a critical look at each of them and a subsequent comparison of the two legal systems in this area. The relevant focus is on a special form of gambling, those with gambling machines.First, the European legal requirements in the field of gambling will be represented and the relevant case law at European level will be reproduced and analyzed. Subsequently any issues regarding the conformity of national gambling legal requirements with European law will be discussed.Subsequently, the competence base in Germany and Austria will be explained to build the basis for making the following assessment of the constitutional provisions regarding the gambling legislation in the two states.After further discussion of the various gambling legal concepts to facilitate understanding, the objectives of the gambling regulatory standards wil be represented to make the intentions behind the legal requirements significantly. Then, the legal gamling systems of Germany and Austria will be presented and considered critical, with particular attention being paid to the player and youth protection. A final conclusion of the gambling regulations of the two states is the end of the work.