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Dutch Supreme Court rejects automatic invalidity of unlicensed gambling contracts

Regulation

The Dutch Supreme Court ruled that gambling contracts with unlicensed operators are not automatically invalid, addressing claims over gambling losses incurred before the market opened in October 2021. Players may still seek to unwind contracts in specific circumstances or claim damages where unlawful conduct is established; recovery will depend on individual cases.

Operators facing player claims can no longer rely on automatic contract invalidity as the basis for blanket refunds.

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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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