The Marburg Regional Court has delivered a landmark ruling in online gambling, strengthening consumer rights. In a case handled by the law firm Cocron, a well-known online sports betting provider was ordered to reimburse over €20,000 for violating the legal deposit limit.
Background: Deposit limits as a protective instrument
Since the 2021 Interstate Treaty on Gambling (GlüStV 2021) came into force, a monthly, provider-independent deposit limit of €1,000 per player applies. The aim is not only market regulation, but especially protection against gambling addiction and over-indebtedness.
In the case at hand, the provider repeatedly allowed deposits exceeding this limit. Furthermore, it approved short-term increases without observing the legally required waiting period.
Schufa inquiry as an insufficient measure
The betting provider argued that it had monitored the player’s financial capacity through annual credit checks. However, the court clarified that a credit report alone is not sufficient to justify an increase in the monthly limit.
A positive Schufa credit report only indicates credit history and potential payment defaults, but not the actual ability to gamble large sums monthly. Documentation such as bank statements or income certificates would have been required.
Decision of the Marburg Regional Court
The plaintiff was awarded almost €30,000 in damages. The reasoning: The provider had violated both contractual protective obligations (§ 241 para. 2 of the German Civil Code) and the provisions of the Interstate Gambling Treaty.
The court emphasized that Schufa credit checks are not a suitable means of determining creditworthiness. Furthermore, it was inadmissible to implement requested credit limit increases immediately without observing the legally mandated seven-day period.
Importance for players
The ruling shows that violations of deposit limits or inadequate creditworthiness checks can result in substantial claims for repayment. Those affected should have their cases reviewed to determine if they are also entitled to refunds.
Conclusion
The Marburg Regional Court has made it clear: A Schufa credit check does not replace a serious assessment of a person’s financial circumstances. Providers are obligated to consistently implement player protection measures. The ruling, obtained by the Cocron law firm, is considered an important victory for consumer protection and could significantly influence future legal proceedings.
