Munich, Berlin, March 21, 2025. The Lüneburg Regional Court has ruled that a Schufa credit report is not suitable for determining a player’s financial capacity. Being debt-free provides no information about whether the person in question possesses financial capacity. Thus, individuals with low incomes can also claim to be debt-free even though they lack financial capacity. A Schufa credit report alone does not meet the requirements of the 2021 Interstate Treaty on Gambling.
Claim for damages due to breach of ancillary obligations
The regional court considers the player’s obligation to impose a self-imposed betting limit to be a breach of duty by the provider. This breach consists of tolerating the player exceeding their self-imposed limit. It is contrary to the purpose of the protective provisions of the Interstate Gambling Treaty for individuals at risk of gambling addiction to set their own limits.
Comparison between GGL and providers without influence on civil claims
A confidential court settlement from 2022 between the Joint Gambling Authority of the German states (GGL) and gambling operators allowed providers to accept a Schufa credit report as proof of assets instead of proof of income. However, this settlement between the GGL and the gambling operators only concerns “supervisory rights” and has no effect on players’ civil claims, as the principle of separation of powers applies in Germany and only the courts are authorized to review the legality of a Schufa credit report. Therefore, players have civil claims against gambling providers in cases of Schufa credit reports.
How you can protect yourself as a player
In cases of limit violations, a gambling provider’s reference to a positive Schufa credit report is insufficient to determine a player’s creditworthiness. Therefore, all communication and transactions with the provider should be documented, even if only a Schufa credit report is available, to ensure legal protection in case of a dispute.
Support from the law firm Cocron
The law firm Cocron GmbH & Co. KG represents aggrieved players who have suffered losses due to inadequate credit checks conducted through Schufa-G inquiries. Attorney István Cocron and his team are committed to recovering these losses and enforcing legal claims.
