That online gambling has a high potential for addiction is confirmed by a case from Austria. A doctor had participated in online gambling via the website of the gambling provider bet-at-home and lost over two million euros over time. Following a ruling by the Austrian Supreme Court (OGH), he must have been greatly relieved. The OGH ruled that he is entitled to full reimbursement of his losses plus interest – totaling approximately 2.7 million euros.
The case made headlines in Austria and clearly illustrates the risk of addiction, particularly with online gambling. Since operating online gambling without the required license is prohibited in Austria, just as it is in Germany, the doctor sued bet-at-home for reimbursement of his losses. He argued that the Maltese gambling provider did not possess the necessary license for its services in Austria.
He took his case all the way to the Supreme Court and ultimately won. The Supreme Court accepted the plaintiff’s argument that gambling without the required permit is prohibited. Since the defendant lacked the necessary license, the court ruled that the contracts were invalid and the plaintiff was therefore entitled to a refund of his losses.
What is special about this case is that the Supreme Court clarified that bet-at-home Internet Ltd., as the operator of the website, is also liable, and not just the organizer of the online gambling. The organizer was bet-at-home.com Entertainment Ltd. Since this company has since filed for bankruptcy, the doctor extended his lawsuit to include the website operator and won.
Without a website, online gambling is virtually impossible. Therefore, the operator of the website is directly involved in online gambling and is thus also liable, the Supreme Court clarified. ” This ruling by the highest court establishes that in cases of prohibited online gambling, the website operator is also liable and, in case of doubt, must reimburse players’ losses ,” says lawyer István Cocron, who has already successfully enforced reimbursement claims for numerous players.
In principle, in Germany as in Austria, online gambling on the internet is prohibited and players can reclaim their losses from illegal gambling on the internet.
More information can be found on our topic page ” Online Casino & Online Sports Betting: Getting Money Back from Gambling “
