The Stuttgart Regional Court has underscored the importance of player protection in the context of online gambling with its ruling. The court clarified that providers must adhere to the legal deposit limits. Otherwise, they face significant financial consequences.
The case involved a player who had suffered losses with two different providers. While the first provider offered online casino games without a German license, the second provider had held a German sports betting license since October 2020.
Of particular interest is the fact that the licensed provider, despite the State Treaty on Gambling stipulating a monthly deposit limit of €1,000, accepted significantly higher deposits from the player. This violation of the limit had considerable financial consequences for the client.
The Stuttgart Regional Court fully accepted the plaintiffs’ arguments and confirmed that:
1. In the absence of a German license, the gaming contracts with the first provider were void pursuant to Section 134 of the German Civil Code (BGB) due to a violation of Section 4 Paragraph 4 of the Interstate Gambling Treaty (GlüStV). This means: All gambling losses must be reimbursed.
2. Despite holding a German license, the second provider violated Section 6c of the Interstate Gambling Treaty by accepting deposits exceeding the legal limit of €1,000 per month. This conduct was deemed a culpable violation of a protective law, giving rise to a claim for damages under Section 823 Paragraph 2 of the German Civil Code (BGB).
Consequences for the game providers
The ruling has far-reaching consequences for online gambling providers:
• No license: All gaming contracts are void, all losses must be reimbursed.
• With German license: Violations of the legal deposit limit will result in claims for damages.
Remarkably, the court completely rejected the providers’ argument that the player allegedly knew that participation in online gambling was prohibited or that he was partly to blame.
Important insight for those affected
This decision highlights the potential for claims by players against online gambling providers. Both in cases of a lack of a German license and in cases of violations of the limit procedures, gambling losses can be reclaimed.
” This decision represents a milestone in player protection ,” commented lawyer Cocron. “The court has made it unequivocally clear that providers must strictly adhere to the protective regulations of the State Treaty on Gambling – in particular the limit rules.”
Action required for those affected
Have you suffered losses at online casinos or sports betting providers? Then you too may have a claim – especially if:
• The provider did not have a German license
• Despite holding a German license, monthly deposits exceeding €1,000 were accepted.
As a specialized law firm with extensive experience in the field of online gambling and limit procedures, we are at your side competently.
Conclusion: Protection against excessive gambling behavior
The ruling emphasizes the relevance of the protective mechanisms enshrined in the Interstate Gambling Treaty, such as the limit procedure. The purpose of these mechanisms is not only to safeguard public interests, but in particular to protect individual players from the negative consequences of excessive gambling behavior.
More information can be found on our topic page ” Exceeded deposit limit at online casino “.
