If online gambling providers violate the gambling ban in Germany or the monthly deposit limit of €1,000, players can demand repayment of their losses. This is also demonstrated by a ruling of the Stuttgart Regional Court. The court decided that the defendant operators of online casino games and online sports betting must reimburse a player for his losses totaling approximately €70,000.
Only since July 1, 2021, have operators of online gambling been able to obtain a license for their services in Germany; for online sports betting, this may have been possible somewhat earlier. Online gambling is prohibited in Germany without a license. ” However, even if operators hold a license, they must adhere to the rules. This includes, among other things, complying with the monthly deposit limit of €1,000. In cases of license violations or limit violations, players can demand a refund of their losses ,” says lawyer István Cocron. The Stuttgart Regional Court also confirmed this right to a refund in its ruling of August 30, 2024.
In the underlying case, the plaintiff participated in online gambling via the defendant’s joint German-language website. Between 2014 and 2020, he lost a total of approximately €21,700 playing online casino games. During this period, the defendant did not possess a valid gambling license in Germany. From October 2020 to December 2022, the plaintiff tried his luck with online sports betting via the same website. His losses here amounted to approximately €48,600. By this time, the defendant already held the required license.
The player demanded repayment of his losses and the Stuttgart Regional Court granted his claim.
Since the defendant, the provider of the online casino games, did not possess the required license during the period in question, it violated the prohibition of online gambling under the Interstate Treaty on Gambling. The contracts concluded with the player were therefore void, entitling the player to a full refund of his losses amounting to approximately €21,700, the Stuttgart Regional Court explained. It was not apparent that the plaintiff was aware of the gambling prohibition, and the defendant had not demonstrated otherwise, especially since it itself asserted the legality of its services.
The claim for reimbursement regarding online sports betting was somewhat more complex, as the defendant possesses the necessary license. This means that the contracts concluded with the plaintiff are, in principle, valid. However, even with a license, certain requirements must be met. These include, among other things, setting a monthly deposit limit that may not exceed €1,000 per month across all providers. Once this limit is reached, further participation by the player must be prevented in accordance with Section 6c Paragraph 6 Sentence 6 of the former version of the Interstate Gambling Treaty (GlüStV aF), according to the Stuttgart Regional Court. This provision is a protective law intended, among other things, to prevent gambling addiction. By setting a maximum limit of €1,000 per month, the court specifically aims to limit extreme losses and the negative consequences for the player, their family, and creditors.
The Stuttgart Regional Court ruled that the defendant violated this regulation by allowing the plaintiff to make clearly higher deposits exceeding €1,000 per month from October 2020 to December 2022. The court determined that this violation of the deposit limit resulted in damages of approximately €48,600 for the plaintiff, which the defendant must compensate.
“ If no license is in place, online gambling is generally prohibited in Germany, and players can reclaim their losses. This right to a refund also applies if the operators have received a permit but have not complied with the requirements, such as adhering to a deposit limit ,” says lawyer Cocron.
More information can be found on our topic page ” Online Casino & Online Sports Betting: Getting Money Back from Gambling “
