The Munich Regional Court had ordered an online gambling operator to reimburse a player for his losses, as the operator lacked the necessary license to offer online gambling in Germany. The defendant gambling operator’s appeal against the ruling was unsuccessful. The Munich Higher Regional Court dismissed the appeal in a decision dated December 14, 2023.
Online gambling was generally prohibited in Germany until July 1, 2021. Numerous operators nevertheless made their online gambling easily accessible to players in Germany. ” Since they thereby violated the prohibition in the Interstate Treaty on Gambling, the concluded contracts are void, meaning that players can reclaim their losses ,” explains lawyer István Cocron.
The Munich Regional Court also upheld this claim for repayment in the present case. Here, the player had participated in online gambling via a German-language website operated by the defendant and lost approximately €30,000 within eight months.
The defendant did not possess a valid license in Germany. The fact that its terms and conditions stated that participation might be prohibited in the player’s place of residence was insufficient for the Munich Regional Court. This did not, the court held, lead to the conclusion that the player was aware of the gambling ban.
The defendant, however, must have been aware of the prohibition. Since she violated the prohibition, the concluded contracts were void and the plaintiff was entitled to reimbursement of his losses, the Munich Regional Court ruled. The defendant’s appeal against the judgment was dismissed by the Munich Higher Regional Court due to lack of prospects of success.
The ruling shows that players have a good chance of recovering their losses from online gambling. This also applies to losses incurred after the ban was eased on July 1, 2021. “If the gambling provider does not have the necessary license, online gambling was and is prohibited in Germany ,” said lawyer Cocron.
