On 16 April 2026, the Court of Justice of the European Union (CJEU) delivered its eagerly awaited judgment on online casino losses in Case C-440/23 – and thereby brought clarity on a key point:
Players can reclaim losses from online casino games if the provider was operating without a German licence during the relevant period.
The significance of the CJEU’s decision in Case C-440/23 extends far beyond the individual case at hand. At its heart lies a fundamental question for the German market:
Is the ban on online casino games under Section 4(4) of the Interstate Treaty on Gambling 2012 (GlüStV 2012) compatible with EU law, in particular with the freedom to provide services under Art. 56 TFEU – and what are the consequences for claims for repayment?
In this article, you will find all the relevant information on the landmark CJEU ruling:
- Background to the original case before the Federal Court of Justice (BGH)
- Everything you need to know about the ruling
- What it means for players – concrete opportunities after the CJEU ruling
- What you should do now to protect your rights
- How we can help you assess your case
The legal background to the proceedings
A player had lost stakes with an online gambling provider that, on the basis of a Maltese gambling licence, also offered its services in Germany. As the provider did not hold a German licence during the relevant period, the player argued that the contract was void under Section 134 of the German Civil Code (BGB) and demanded repayment of his stakes.
In order to resolve the tension between national player protection and the European freedom to provide services, the German Federal Court of Justice referred the relevant questions to the Court of Justice of the European Union in a preliminary ruling procedure under Art. 267 TFEU.
The CJEU has now answered these questions clearly, thereby significantly strengthening the position of players. This CJEU decision on online casino losses (C-440/23) is a milestone for consumer protection.
The ruling at a glance
In its decision of 16 April 2026 (C-440/23), the CJEU set out key points:
“A consumer may claim reimbursement of lost stakes from providers established in another Member State if the games concerned were prohibited in the consumer’s Member State of residence.”
The CJEU thereby makes clear:
- The ban on online casino games in Germany is compatible with EU law
- EU law precludes neither the nullity of such contracts nor claims for repayment
- Contracts with unlicensed providers may be void
- In principle, players can reclaim their losses
- Bringing an action for reimbursement does not constitute an abuse of rights
Particularly relevant for consumers:
Even a gambling licence from another EU Member State, such as Malta, does not preclude claims for repayment.
At the same time, the CJEU confirms that the national ban serves legitimate objectives – in particular player protection, channelling the gambling instinct into orderly and controlled outlets, and curbing uncontrolled gambling offerings.
Reclaiming online casino losses: consequences of the CJEU ruling for players
The CJEU’s decision creates a clear basis under EU law for claims for repayment arising from online casino games. For proceedings currently pending in Germany, this means:
- The Federal Court of Justice (case no. I ZR 88/23), whose proceedings had been stayed pending the CJEU’s decision, can now rule on the basis of these requirements. Numerous other actions before German courts that had previously been stayed can also now be resumed.
- Claims for repayment can be enforced on a much more secure legal footing, as both the nullity of the contracts under Section 134 BGB and the repayment claims under Sections 812 et seq. BGB are now secured at European level.
- At the same time, another key objection raised by providers is undermined:
The frequently raised objection under Section 817 sentence 2 BGB, according to which repayment may be excluded if the player himself violated a statutory prohibition, has already been rejected by several Higher Regional Courts (OLG). The CJEU’s decision further weakens this argument.
The CJEU particularly emphasises that online casino games can have a significantly higher addiction potential than other forms of gambling – especially sports betting. Because they are available at any time and offer unlimited opportunities to play, they are therefore subject to stricter regulatory requirements.
Do you want to reclaim losses from online casino games? The CJEU ruling on online casinos gives you new opportunities:
The CJEU ruling opens up concrete opportunities for affected players to reclaim their money from online casino games. In many cases, however, prompt action is required in view of limitation periods.
You should now take the following steps:
- Decide on a strategy: Depending on the case, an individual action or joining existing proceedings may make sense.
- Secure your documents: Collect all relevant documents such as bank statements, transaction histories and emails from the provider.
- Check the time periods: Limitation periods may apply to older losses. In particular, for losses from 2016 the 10-year period expires at the end of 2026 (Section 852 BGB).
- Have your claims assessed: Have a lawyer check whether, and to what extent, you have claims for repayment.
We help you with the legal assessment of your case
The Cocron law firm focuses on the recovery of losses from online gambling and has extensive experience in enforcing such claims. With the CJEU’s decision (C-440/23) on online casino losses, we can help you assert your rights in a targeted way.
We examine your individual case for you:
- whether the provider was operating without the required German licence
- whether you have claims for repayment
- and how these can be enforced in a way that makes legal and economic sense
You will receive a well-founded initial assessment of your prospects of success and a clear recommendation on how to proceed.
We will be happy to help you with the legal assessment of your case.
About lawyer István Cocron
Lawyer István Cocron has focused for many years on advising and representing clients in gambling law.
A key area of his work is the legal review of online gambling offerings and the enforcement of repayment claims for affected players. In this context, he has already handled several thousand online gambling cases.
He represents clients throughout Germany, both out of court and in court proceedings, and regularly deals with current developments in German and European gambling law.
FAQ: Frequently asked questions about reclaiming online casino losses
The CJEU ruling on online casino losses (C-440/23) significantly strengthens players’ rights. It makes clear that, under certain conditions, players can reclaim their money from online casino games if the provider was operating without a German licence. For those affected, this means: the legal basis for reclaiming losses is now also secured at European level. Many previously uncertain cases – especially involving online casinos with a foreign licence – can now be assessed much more reliably from a legal perspective.
Whether you can reclaim your online casino losses in full depends on the individual case. Key factors include the period in which the stakes were placed, the specific provider and whether it held a valid German licence. In many cases there are good chances of reclaiming losses from online casinos – especially if the games were offered without a German licence. However, an individual legal review is required in order to assess the prospects of success accurately.
Many providers of online casino games hold a licence from Malta and claim that it entitles them to offer their services throughout Europe. However, the CJEU has made clear that such a Maltese licence does not automatically entitle a provider to offer online casino games in Germany. For players, this means: even if a provider holds an EU licence, losses can be reclaimed if there was no German licence.
Whether an online casino operated legally in Germany depends on whether it held a licence under the Interstate Treaty on Gambling (GlüStV) for the relevant period. The decisive reference is the so-called “whitelist” of the Joint Gambling Authority of the German federal states (GGL). Providers that are not listed there are generally considered not to be licensed. A licence from abroad – for example from Malta – is not sufficient for this purpose. This point is crucial for reclaiming losses.
Claims for repayment are subject to statutory limitation periods. In many cases, a period of up to ten years applies, particularly where claims are based on unjust enrichment. For older losses, however, time may be running short – for example, claims relating to 2016 may expire at the end of 2026. If you want to reclaim losses from online casino games, you should therefore act early and have your claims reviewed.
Providers often argue that players cannot reclaim their money if they themselves knew that the offering was not permitted. This argument is based on Section 817 sentence 2 BGB. However, current case law shows that this objection does not succeed in many cases. Courts are increasingly focusing on player protection and placing greater responsibility on the providers. The CJEU ruling further reinforces this trend.
Reclaiming losses from online casino games involves several steps. First, the relevant documents such as bank statements, transaction data and gaming histories are evaluated. It is then examined whether the provider was operating without a German licence and what legal claims exist. Depending on the case, the claims can be enforced out of court or in court. Experienced legal advice helps to assess the prospects of success realistically and to choose the right strategy.
