Many users of online casinos or sports betting are initially shocked when they receive a letter from the public prosecutor’s office informing them that the provider they used did not have a German license and that playing was therefore illegal. Often, they feel completely defeated – without control over their situation and without any prospect of recovering even a portion of their losses from illegal online gambling.
This article builds on the criminal law guide and explains which civil law options are available to players – regardless of whether an investigation is still ongoing or has already been concluded.
“Criminal proceedings do not preclude civil claims.”
About István Cocron
István Cocron is a lawyer who has specialized for many years in the civil recovery of losses from online gambling. In this area, he has already represented more than 3,000 clients against illegal providers.
For legal purposes, it is irrelevant whether a player has lost 400 euros or several hundred thousand euros. The legal issues remain the same. Even smaller amounts can be reclaimed from unlicensed providers.
For this reason, Cocron works closely with criminal defense lawyers such as René Scheier, especially when parallel criminal investigations are being conducted against players.
“An experienced lawyer can correctly assess typical provider structures and processes.”
The widespread assumption that everything is lost with the letter from the public prosecutor’s office often proves to be incorrect.
In fact, an investigation often marks not the end, but rather the beginning of a comprehensive legal review. While criminal law focuses on whether a criminal offense has been committed, civil law deals with a different aspect: whether the player has suffered financial damage as a result of the gambling offer and whether the provider can be held liable. These two levels are legally independent of each other.
Current practice shows that this is not a fringe phenomenon. In Germany, there are currently around 15,000 civil lawsuits pending in which players are demanding the return of their losses from online gambling.
“Around 15,000 ongoing cases show that many affected individuals are having their claims reviewed.”
When is a refund possible?
In civil law, two categories of cases can generally be distinguished.
Firstly, this affects providers who have made their gambling services available in Germany without a German license. In these cases, there is no effective legal basis for accepting the stakes, which can give rise to claims for reimbursement from users.
Typical examples include providers based in Curaçao who still do not have a German license. The Spanish Christmas Lottery, currently being promoted by German influencers, also lacks authorization for the German market.
On the other hand, claims can also be made against providers who, although licensed, have violated legal regulations. Of particular relevance here is the legally stipulated deposit limit of €1,000 per month, which applies across all providers and may only be exceeded under strict conditions.
“The crucial question is whether a German license was lacking or whether legal rules were disregarded.”
What are the requirements?
Claims for reimbursement can generally be made retroactively for up to ten years. Three pieces of information are particularly necessary for a legal assessment: the transaction summaries from the providers showing deposits and withdrawals, details of whether and during which periods play took place from abroad, and the respective provider.
Players can request these transaction lists free of charge via a GDPR information request.
“To assess a claim for reimbursement, transaction data and supplier information are combined.”
Common mistakes made by those affected
Providers of illegal gambling anticipate legal disputes and pursue targeted strategies to limit damages.
A typical approach is to submit settlement offers early on after requesting transaction lists – often at a level that is not commensurate with the actual losses.
This often means that a player is offered, for example, €5,000, even though their losses are in the six-figure range. Anyone who hastily accepts such an offer regularly forfeits a large portion of their potential claims.
István Cocron therefore advises against prematurely negotiating with the supplier and recommends legal advice and strategic planning.
“Comparisons are attractive and are used specifically to reduce costs.”
Procedure of a recovery process
First, the lawyer gathers information about the platform, the player’s usage, and the deposits and losses made. After reviewing the documents, the claim is pursued in court. Due to the frequent international aspects of such cases, even the service of process can be time-consuming. This is followed by an exchange of written submissions, an oral hearing, and finally a judgment or settlement.
A realistic timeframe for a first-instance decision is approximately eight to twelve months.
“A recovery process takes several months, but it is structured and predictable.”
Costs and financing
In the event of a successful court ruling, the opposing party usually bears the costs of the proceedings. Cost sharing is also frequently agreed upon as part of settlements.
Furthermore, depending on the personal situation, there are options such as legal aid, installment payments or the involvement of litigation funders.
“The costs are often borne by the opposing party or through financing models.”
We will assist you in recovering your losses.
Many victims hesitate due to shame, uncertainty, or fear of financial risks. These are by no means isolated cases. The high number of pending cases illustrates that the legal reckoning with online gambling losses has long been a social reality.
Civil claims often exist even when players themselves don’t expect them. A sound legal assessment can help to realistically evaluate one’s own situation and avoid hasty decisions.
For Questions or Advice, Please Contact Attorney René Scheier.
To end criminal proceedings as favorably as possible:
In the first part of our blog, you will learn how René Scheier can support you if you are under investigation for illegal gambling.
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FAQ: Frequently asked questions about reclaiming gambling losses
Can I claim back losses even though I gambled myself?
Yes, provided the offer was made without a German license or violated legal requirements.
Is it possible to claim a refund from foreign providers as well?
Yes, providers based abroad can also be used in Germany.
How far back can losses be claimed?
Usually retroactively for up to ten years.
