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EU Court allows national online gambling bans and loss-recovery claims under domestic law

Regulation

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 ruling affects operators licensed elsewhere in the EU that offered online gambling in Germany during the period at issue.

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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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