Online Casino Ordered to Pay Back Losses
Esslingen, Germany (February 3, 2023) — In a judgment of January 25, 2023, Az. 2 O 237/22 (not legally binding) obtained by the Aslanidis, Kress & Häcker-Hollmann law firm, the Ellwangen Regional Court ordered the online casino Lapalingo to pay the injured casino customer full compensation for their gaming losses to pay. The casino player will fully recover their gaming losses of €7,481.00. The casino bears the costs of the entire legal dispute.
Online casino Lapalingo fully condemned
The Ellwangen (Jagst) district court found in its judgment that the online casino Lapalingo, which is being sued, is operated by Rabbit Entertainment Ltd. from Malta, due to the very player-friendly legal situation, is obliged to compensate the injured customer for the entire game losses. The background to this is that, due to the State Treaty on Gambling, a clear administrative ban was imposed on online casinos from offering games of chance to German customers on the Internet.
Illegal gambling is not the responsibility of the player
In its statements, the district court clearly emphasized that the casino, not the player, is acting illegally here and that “illegality” is in no way directed against the player or would even be criminally relevant to him. Illegality here only means that the respective online casino has violated German state protection regulations in favor of German consumers by nevertheless making its online games available to the player via the Internet. There is no criminal liability for the players since the ban is aimed directly at the online casinos and is of a purely administrative nature (so-called state gaming supervision, e.g. as with the respective lottery companies in the federal states, etc.).
The online casino’s consumer-hostile and surprising General Terms and Conditions (GTC) don’t help here either. These are neither comprehensible nor transparent for a lay consumer and overall so surprising that the law deems such clauses invalid. On the contrary, the Ellwangen District Court makes it clear that if the online casinos already seek advice from experienced, specialized lawyers on the legal situation and then demand that their lay customers, who are usually not experienced in law, deal with the legal situation or have to be familiar with it A fortiori, one cannot expect to recognize or have to be aware of the nature of the prohibition. This is understandable: If you go to your kiosk around the corner and get a ticket from the state lottery company.
What can affected players do now?
Support from an experienced, specialized law firm is now important because the legal situation is improving significantly and rightly so in favor of the injured players. The very consumer-friendly case law continues with this judgment of the Ellwangen District Court. Here a long and widespread misconception has been cleared up and unequivocally clarified by the Ellwangen District Court that in Germany no player has committed a criminal offense because he/she took part in a game of chance that was illegal with regard to the casino. The Ellwangen District Court makes it clear in its decision that the prohibition is solely of an administrative nature and is aimed exclusively at online casinos offering it as a state protective regulation of the German gambling supervisory authority.
Defend yourself, and don’t allow yourself to be portrayed as a victim as a perpetrator. If the online casinos had adhered to the German state ban on gambling supervision, they would never have suffered any damage in this regard. This is about player protection and not about false, inaccurate accusations of criminal liability or other morally inaccurate accusations against the affected players, behind which there are often serious fates.
Free Online Check: Opportunities to claim back losses at an online casino and sports betting
We support those affected throughout Germany in enforcing their rights. If you are not sure whether you can make a corresponding repayment claim, we recommend our free and non-binding online check. We will review your case free of charge and tell you what options you have to get your money back.
By: ALEXANDER WEIGERT
SOURCE: Lawyers Aslanidis, Kress & Häcker-Hollmann (AKH-H).
