Landmark ruling from Austria
A recent ruling by the Supreme Court (OGH) in Austria represents an important turning point for affected players. For the first time, a supreme court has confirmed, following a previous ruling by the European Court of Justice (ECJ, Case C-77/24 – “Wunner”), that the management of an illegal online casino can also be held personally liable.
What exactly is this about?
Numerous online casinos operate without a valid national license. Players sometimes lose large sums of money there. Until now, claims for reimbursement have primarily been directed against the operating companies themselves, which are often based abroad and difficult to contact.
The new ruling now creates an additional level of liability: the personal liability of the responsible managing directors.
The key statements of the Supreme Court (9 Ob 8/26f):
- Austrian law is applicable (Art. 4 para. 1 Rome II Regulation).
- Austrian courts have international jurisdiction (Art. 7 No. 2 Brussels I Regulation).
- Managing directors can be held personally liable if they violate protective laws.
Besonders bedeutsam ist die rechtliche Einordnung:
The regulations on player protection in the Austrian Gambling Act (GSpG) are classified as so-called protective laws. This means that anyone who intentionally or negligently violates these rights can also be held personally liable for damages (§ 1311 ABGB).
What does this mean for German players?
Even though the decision originated in Austria, its symbolic impact is considerable.
This line of reasoning can be applied to comparable situations in Germany.
Player protection regulations also exist here in the State Treaty on Gambling 2021.
The ECJ’s decision is binding throughout the EU and strengthens players’ rights.
The ruling makes it clear that those responsible for illegal online casinos can no longer simply hide behind complex corporate structures.
Why is this a breakthrough?
Many proceedings have failed so far because […]
- the operating companies are based abroad,
- Assets are difficult to access
- Responsibilities are being deliberately obscured.
The personal liability of management breaks down precisely these structures.
What can affected players do now?
- Document gambling losses (deposits, game history)
- Identify providers and payment methods
- Initiate a legal review of potential claims for reimbursement.
Conclusion:
The Supreme Court ruling confirms for the first time at the highest court level that managing directors of illegal online casinos can be held personally liable. In conjunction with the case law of the European Court of Justice (ECJ), this creates a new and effective approach to enforcing player claims – also with implications for German cases.
The law firm Cocron GmbH & Co. KG (Munich/Berlin) is closely monitoring these developments and examining potential claims for affected players.
