The Higher Regional Court of Koblenz has made a significant ruling in the field of online gambling. A plaintiff was able to reclaim losses amounting to several thousand euros because the betting provider had disregarded the legal limits on stakes and deposits. Attorney Cocron and his team at COCRON Lawyers support victims in such cases and help them recover unlawfully lost amounts.
Legal situation: Violations of stake and deposit limits
The ruling is based on the regulations of the Interstate Treaty on Gambling (GlüStV), which stipulates fixed deposit limits for online sports betting. The defendant company, an online sports betting provider registered in Malta, did not adhere to the monthly stake limit of €1,000 per player.
The Higher Regional Court of Koblenz followed the legal opinion of the Federal Court of Justice (BGH decision of March 22, 2024 – I ZR 88/23) and ruled that a claim for reimbursement exists under Section 812 Paragraph 1 Sentence 1 Alternative 1 of the German Civil Code (BGB). This means that providers must not only possess a valid license but also comply with all legal requirements, in particular the stake limits. If these regulations are disregarded, affected players can reclaim their losses.
Issues of EU law and limitation periods
What’s also interesting about this ruling is that the court saw no need to refer the matter to the European Court of Justice (ECJ). The German Federal Court of Justice (BGH) had already determined that the EU legal requirements for regulating the gambling market are sufficiently clear. Furthermore, the Higher Regional Court of Koblenz clarified that the statute of limitations only begins to run when the player becomes aware of the provider’s lack of a license. This is a crucial point for those affected who still wish to assert their claims.
Conclusion: Possibility of reclaiming losses even in case of limit violations
The ruling underlines that players are not without protection when providers violate legal regulations. Those who have lost money in online sports betting beyond the permitted limits may be able to reclaim it.
Attorney Cocron and the team at COCRON Attorneys at Law specialize in gambling law and assist those affected in enforcing their claims. Have your case reviewed now to see if you too can reclaim your money!
More information can be found on our topic page ” Exceeded deposit limit at online casino “.
