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Player Largely Recovers Loss from Online Sports Betting

June 10, 2022 | Financial

Claim for reimbursement of the bet – judgment of the AG Ludwigslust

Article by:  Attorney István Cocron, BA

MUNICH. Germany (June 9, 2022) — A player had lost more than 5,000 euros within a few days in online sports betting via the portal www.betano.de. CLLB Rechtsanwälte recovered a large part of the money for him. The district court of Ludwigslust ruled on June 8, 2022, that the defendant sports betting provider must compensate the player for a large part of the loss.

The plaintiff, who claims to be a gambling addict, lost a total of 5,380 euros in sports betting between February 20 and March 4, 2021. “The provider allowed our client to bet more than the permitted 1,000 euros per month and thus violated the gaming license granted to them. We have therefore reclaimed the stakes that go beyond the limit of 1,000 euros,” says lawyer Cocron. In addition, since the player was registered in the OASIS player blocking system due to his gambling addiction, his participation in the bets should not have been allowed.

 

 

The lawsuit was successful. The district court in Ludwigslust ruled that the plaintiff was entitled to a refund of his wager in the amount of the claimed EUR 4,380 plus interest. Since the gaming contracts concluded are void pursuant to Section 134 of the German Civil Code in conjunction with Section 21 (5) of the State Treaty on Gaming (2012/2020), the provider received the bets without legal grounds and had to reimburse the loss, according to the court.

As justification, it further stated that the plaintiff was demonstrably registered in the OASIS player ban system. According to Section 21 (5) of the State Treaty on Gambling (2012/2020), blocked players are not allowed to participate in betting. The purpose of the standard is to protect banned players from financial losses. In particular, it also applies to the protection of gambling addicts from themselves. The concluded gaming contracts are therefore void. According to the AG Ludwigslust, it is also the responsibility of the organizer to ensure that blocked players cannot take part in the bets from the regulation in the State Treaty on Gambling.

 

 

“Both online sports betting and online gambling, for which there was a far-reaching ban in Germany until July 1, 2021, there is a good chance of winning back stakes that seem to have been lost,” says lawyer Cocron.

More information: https://www.cllb.de/online-casino

SOURCE: CLLB Attorneys

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