Online sports betting: good news from Luxembourg for affected players
In his Opinion of 19 March 2026, Nicholas Emiliou, Advocate General at the Court of Justice of the European Union (CJEU), set a clear direction:
“Losses from online sports betting can be reclaimed if the provider operated in Germany without a licence.”
In case C-530/24 (“Tipico”), the Advocate General takes the view that such contracts are void. Should the CJEU follow this in its judgment, the sports betting provider would have to repay lost stakes.
This would be in line with the current case law of the Court of Justice of the European Union. The recent CJEU judgment in case C-440/23 already significantly strengthened the rights of affected players.
In this blog post you will learn:
- the background to the Advocate General’s Opinion in case C-530/24
- why it improves your claims against online betting providers
- what steps you should take now to secure your claims
- frequently asked questions about illegal online sports betting providers and refund claims
Legal background:
When sports betting contracts are void
The original case: a provider without a German licence
In the underlying proceedings, a player had placed bets between 2013 and 2020 with a provider that held a foreign licence (e.g. from Malta) but no German licence.
The key question before the CJEU
The Federal Court of Justice (BGH) referred to the CJEU the question of whether players can reclaim their losses. The background was doubts as to whether the German licensing system is compatible with EU law.
The assessment of the Advocate General at the CJEU
In his Opinion, Advocate General Nicholas Emiliou gives a clear answer:
- Lost stakes can be reclaimed
- Online sports betting providers generally require a German licence
- Providers without a licence act unlawfully
What does this mean in practice for affected players?
If you have lost stakes with a provider without a German licence, you now have the following options:
- You can reclaim your losses in full or in part
- You can rely on the contract being void
Your next steps to reclaim your losses
1. Keep documents such as
- bank statements
- gaming and transaction histories
- emails from the provider
2.Check the period during which you played with the provider concerned
When your losses occurred is crucial, particularly with regard to possible limitation periods. If you are unsure, seek legal advice as soon as possible.
3. Have your case legally assessed
Only an individual assessment will show whether reclaiming your losses is worthwhile.
We help you enforce your rights:
- We check whether you have refund claims
- We give you a realistic assessment of your prospects of success
- We support you in enforcing your claims, both out of court and in court
Send us a no-obligation enquiry now.
Your contact: lawyer István Cocron
For many years, lawyer István Cocron has focused on advising and representing clients in gambling law.
A key focus of his work is enforcing refund 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 online sports betting and refund claims
Yes, especially if the provider operated without a German licence during the relevant period. In such cases, you may have refund claims.
What matters above all is whether the provider held a valid German licence during the specific period.
In Germany, online sports betting may only be offered with a licence from the state. Providers without a licence generally act unlawfully.
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.
Many providers holding a licence from Malta rely on the European freedom to provide services to justify operating in Germany as well.
However, in April 2026, in case C-440/23, the CJEU expressly ruled that a foreign licence is not sufficient in Germany and that this requirement is also compatible with the freedom to provide services.
In principle, losses from online gambling can be claimed retroactively for up to ten years.
Yes. Particularly in the case of providers without a German licence, the prospects of success are very good – however, an individual assessment is always necessary.
Your specific gaming and payment data allow a reliable assessment of whether you have claims and how much they are worth.
