The possibility of reclaiming losses from sports betting is attracting increasing attention. While there is still no final ruling from the Federal Court of Justice (BGH), the preliminary ruling of March 22, 2024 (I ZR 88/23) provides clear guidelines and strengthens the position of consumers. But what are the actual chances for those affected?
The legal situation: Refunds in case of violations. The 2021 Interstate Treaty on Gambling clearly regulates the market for online gambling and sports betting in Germany. Since July 1, 2021, providers have required a state license to legally offer their services. “Violations of regulations such as deposit limits or the exclusion of banned players can render concluded betting contracts void. According to the Federal Court of Justice (BGH), this could mean that customers can reclaim their losses,” explains attorney István Cocron of the Cocron law firm ( www.ra-cocron.de ).
Conditions for a refund claim:
1. No valid license: The provider must not have held a German license during the relevant period. Even licensed providers can be held liable if they violate mandatory regulations such as deposit limits or cash-out rules.
2. Ignorance of illegality: Customers must not have knowingly engaged with illegal offers. The professional presentation of many platforms and the reference to European licenses suggest in most cases that customers could not have recognized the illegality.
Why is the Federal Court of Justice (BGH) ruling important? In its ruling, the BGH clarified that violations of Section 4 of the Interstate Gambling Treaty 2012, such as exceeding the maximum stake or using unauthorized features (e.g., cash-out), can render contracts void. For those affected, this means that even substantial losses from illegal sports betting can be reclaimed. Furthermore, Section 1 of the Interstate Gambling Treaty aims to strengthen player protection and combat addictive behavior, which further justifies the recovery of these funds.
Practical advice: “Those affected should secure their transaction documents and have them checked to see if any claims exist. Since the statute of limitations is a maximum of ten years, losses can be reclaimed up to 2014,” says lawyer Cocron.
More information can be found on our topic page ” Online Casino & Online Sports Betting: Getting Money Back from Gambling “
