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Advocate general advises Dutch Supreme Court on pre-2021 gambling claims

Regulation

An advocate general advised the Dutch Supreme Court that online gambling agreements made without a licence before 1 October 2021 should not be treated as invalid for that reason alone. The non-binding opinion says players cannot recover losses on the basis of unjustified payment, regardless of whether an operator met the Kansspelautoriteit’s prioritisation criteria. The Supreme Court was due to answer the preliminary questions on 3 July 2026.

The advice addresses whether operators may face repayment claims over online gambling agreements made before regulation began.

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Regulation

Dutch Supreme Court rejects historic gambling loss claims under earlier law

The Netherlands’ Supreme Court ruled on 3 July that gambling agreements made before the Remote Gambling Act took effect cannot be invalidated under the earlier Betting and Gaming Act, reportedly. The decision concerns claims over pre-regulation losses, including a case brought for about 2,500 former Unibet customers that carried an estimated €75 million liability. FDJ United said the ruling provides certainty; the source says the court rejected the legal basis for these claims.

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