More and more courts are confirming that online gambling providers are subject to strict legal regulations, particularly regarding deposit and betting limits. In a recent case, a provider had to reimburse a player over €25,000 because he had repeatedly violated the applicable betting limits.
Background: Protection through stake and deposit limits
According to the 2021 Interstate Treaty on Gambling (§ 6c GlüStV), a monthly deposit limit of €1,000 applies to all players in Germany. This limit serves to protect players and is intended to prevent consumers from gambling away their entire income in a short period of time. An increase to up to €10,000 is possible in exceptional cases, but is subject to strict conditions, such as proof of financial capacity and the establishment of an individual loss limit.
In the case at hand, the provider had allowed a customer to place significantly higher bets over several months without complying with legal requirements. Neither a proper individual limit was set, nor was a 20% loss limit applied. The obligation to verify the customer’s financial capacity was also disregarded.
Judges’ decision
The court clarified: Any provider who ignores the legal limitations violates their ancillary contractual obligations. These obligations exist not only towards the regulatory authority but also directly towards the players. The purpose of the limits is to protect consumers’ assets.
Therefore, the gambling provider was obligated to refund the amounts deposited by the player in excess of the legal maximum. As a result, the plaintiff received over €25,000 back.
Meaning for affected players
The ruling clearly shows that violations of deposit limits can give rise to claims for reimbursement. Players who have deposited more than the legally permitted €1,000 per month over an extended period have a good chance of successfully reclaiming these funds.
Those affected should check
- whether their deposits have exceeded the legal limits.
- They should also check whether the provider has implemented the necessary tests and protection mechanisms.
- and whether they can therefore make claims for reimbursement.
Conclusion:
The ruling underscores the importance of player protection in online gambling. Providers who disregard legal regulations not only risk sanctions from regulatory authorities but must also expect substantial repayments to their customers. This gives players the opportunity to recover significant losses.
