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EU advocate general backs national gambling licences in Tipico dispute

Regulation

European Court of Justice Advocate General Nicholas Emilíou said national sports-betting licences are compatible with EU law in a dispute between a German consumer and Tipico. He said courts may apply domestic consequences to unlicensed operators, including possible contract nullity and repayment of stakes, while exceptions may apply where authorities gave clear assurances.

Operators may face repayment claims when courts find that they provided gambling services without a required national licence.

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Regulation

German court backs player loss claims against pre-2021 online operators

A German court found that a Malta-licensed operator had no legal basis to keep losses from online casino and slot play that was prohibited in Germany, citing DW. The Higher Regional Court of Stuttgart heard a case involving about €10,000 lost between 2020 and 2022 with Tipico Games. Germany's Federal Court of Justice indicated support for licence-based repayment claims but is not expected to rule finally until 2027.

DW reported on a ruling by the Higher Regional Court of Stuttgart concerning a Malta-licensed company, Tipico Games. The court concluded that the firm could not lawfully keep money lost by a customer on online casino games and virtual slot machines, since those products were banned in Germany for part of the relevant period. The player's losses came to roughly €10,000 across 2020 to 2022, and the operator was ordered to give the money back.

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