Poker enjoys great popularity. Although it offers players the opportunity to make the most of their cards through tactical maneuvers, poker is considered a game of chance. This also applies to online poker. This means that players can reclaim their losses if the operators of online poker games do not possess the required license valid in Germany. The Berlin Regional Court has confirmed this right to reimbursement. In its ruling of October 11, 2023, it decided that a player who participated in online poker games via the website pokerstars.de is entitled to a full refund of his losses – approximately €14,300.
Operators of online gambling, including online poker, have only been able to apply for a license for their services in Germany since July 1, 2021. Before that, online gambling was generally prohibited in Germany.
The plaintiff in the underlying case before the Berlin Regional Court was unaware of this prohibition. Between 2018 and June 2021, he participated in online poker games via the German-language PokerStars website and ultimately lost approximately €14,300.
Since online gambling was prohibited in Germany during the period in question and the defendant operator did not possess the required license, the Berlin Regional Court ruled that the plaintiff was entitled to a full refund of his losses. The defendant’s offering violated the prohibition of online gambling under the Interstate Treaty on Gambling. Therefore, the contracts concluded were void, and the plaintiff was entitled to a full refund of his losses, according to the Berlin Regional Court.
Whether it’s online poker or other gambling games on the internet – they are prohibited in Germany without a license. ” For players, this means they can reclaim their losses. Besides the Berlin Regional Court, numerous other courts have already confirmed this right to reimbursement ,” says lawyer István Cocron.
