Austria’s Supreme Court ruled in case 6 Ob 200/22p that a player’s intention to reclaim losses from prohibited gambling does not prevent a claim, according to the legal firm’s announcement. The announcement said the case involved N1 and concerned losses from illegal online gambling.
The ruling may affect operators facing player claims for losses from illegal online gambling in Austria.
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The Supreme Court of the Netherlands has ruled that gambling contracts with unlicensed operators made before the market was regulated in 2021 are not automatically void. The decision followed preliminary questions from the District Court of Amsterdam and the District Court of North Holland in cases involving two players who lost $139,464.58 and €135,137. Entain welcomed the ruling, saying historic losses cannot be recovered on that basis.
The European Court of Justice ruled that Austrian judges may consider Malta’s protective laws when deciding whether to freeze online gambling operators’ assets. The case arose from an Austrian order requiring Mr Green to reimburse a customer, followed by an attempt to freeze the operator’s accounts in Sweden, Ireland and Luxembourg. The court also said judges could consider Mr Green’s conduct after the 2021 ruling.
The Court of Justice of the European Union ruled that EU law does not prevent a member state from prohibiting certain online games, even when operators hold licences elsewhere in the EU. It said consumers may seek repayment of losses on games prohibited in their country of residence, including under contracts made before a later licensing system took effect.
The Court of Justice of the European Union ruled in case C-440/23 that member states may restrict or prohibit online gambling to protect the public interest. It said national law may allow players to seek losses back under void gambling contracts, while domestic courts must assess the conditions and any alleged abuse of EU law.
The Court of Justice of the European Union ruled in case C-77/24 that claims to recover losses from unlicensed online gambling are governed by the law of the player’s habitual residence. The ruling covers claims against operators and, where their conduct directly causes the loss, company directors; the case concerned an Austrian player and a Malta-based operator. European Lotteries welcomed the decision, saying it clarified the law applicable to such claims.