The relaxation of the ban on online gambling in Germany has not meant that gambling can be offered without the required license. Without the necessary license, online gambling remains illegal, meaning players have a right to compensation for their losses. This is also demonstrated by a ruling of the Higher Regional Court of Karlsruhe, which ordered an online gambling operator to fully reimburse a player for losses amounting to €95,000.
The player participated in online gambling via a German-language website operated by the defendant between May 2021 and June 2022, losing a total of approximately €95,000. Until June 30, 2021, online gambling was generally prohibited in Germany. While this prohibition was subsequently relaxed under the Interstate Treaty on Gambling, ” online gambling in Germany is still only permitted if the operator possesses the required license ,” says attorney István Cocron.
However, this was not the case in the proceedings before the Higher Regional Court of Karlsruhe. Therefore, the court ordered the defendant gambling provider to fully reimburse the losses. Since online gambling was prohibited until July 1, 2021, the defendant had to reimburse the losses incurred in May and June 2021, as the concluded contracts were invalid due to the gambling ban, the court explained.
Although gambling providers have been able to obtain a license in Germany since July 1, 2021, the defendant did not possess such a license. Therefore, she must also repay the losses incurred since July 2021, according to the Higher Regional Court of Karlsruhe.
“ Nothing is possible without a license. The ruling of the Higher Regional Court of Karlsruhe makes that clear. Players therefore have a good chance of reclaiming their losses from online gambling, even if they only occurred after the easing of the ban on July 1, 2021 ,” said lawyer Cocron.
