Illegal Online Gambling – Player is Eligible for Reimbursement of His Loss

July 14, 2022 | Online Gambling

LG Darmstadt decides in favor of the player – online casino has no right to the money

Munich, Germany (July 13, 2022) – A gambler gambled away more than 10,000 euros in the online casino. According to a judgment by the Regional Court of Darmstadt on June 1, 2022, he will get his loss back in full (Az.: 27 O 136/21). The defendant operator of the online casino violated the ban on gambling on the Internet from the State Treaty on Gambling with her offer and therefore has no legal claim to the money. The court ruled that she had to compensate the plaintiff for the loss.

Although there was a far-reaching ban on online gambling in Germany until July 1, 2021, many providers circumvented this ban and made their online casinos easily accessible to players residing in Germany via German-language websites. “Since they have violated the prohibition of the State Treaty on Gambling, the contracts concluded with the players regarding participation in the games of chance are void. The operators of the online casinos, therefore, have no legal claim to the bets made and must reimburse the loss,” says lawyer István Cocron, CLLB Rechtsanwälte.

It was the same in the case before the LG Darmstadt. The plaintiff had taken part in online gambling via the defendant’s German-language website between December 2018 and June 2019 and gambled away more than 10,000 euros. The defendant did not have a valid license for offering games of chance in Germany. The plaintiff, therefore, demanded reimbursement of his losses.

His lawsuit was successful. The Regional Court of Darmstadt ruled that he was entitled to reimbursement for his losses. The defendant offered online gambling even though it was banned in Germany at the time. As a result, she obtained the plaintiff’s stakes without legal grounds and had to reimburse the loss, according to the court.

“The ban on online gambling in Germany was only relaxed somewhat with effect from July 1, 2021. However, this does not apply retrospectively and a license valid in Germany is still an indispensable prerequisite for offering games of chance on the Internet. Players therefore still have a good chance of claiming back their losses,” said lawyer Cocron.

Author: Attorney István Cocron, BA

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SOURCE: CLLB Attorneys.

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