{"id":5986,"date":"2026-09-20T13:46:32","date_gmt":"2026-09-20T11:46:32","guid":{"rendered":"https:\/\/ra-cocron.de\/?post_type=news&#038;p=5986"},"modified":"2026-10-27T08:57:50","modified_gmt":"2026-10-27T07:57:50","slug":"gaming-arcade-ignored-oasis-self-exclusion-lawsuit-gambling-losses","status":"publish","type":"news","link":"https:\/\/ra-cocron.de\/en\/news\/gaming-arcade-ignored-oasis-self-exclusion-lawsuit-gambling-losses\/","title":{"rendered":"Arcade Ignored OASIS Self-Exclusion: Lawsuit Over EUR 15,000 Losses"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">For years, a gaming arcade let a player who was excluded nationwide play on its machines and even lent him money so that he could keep playing. Rechtsanwaltskanzlei Cocron GmbH &amp; Co. KG has therefore filed a lawsuit on his behalf with the competent Regional Court (Landgericht) for repayment of his gambling losses. The case shows which claims excluded players may have against gaming arcade operators.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>Key points at a glance:<\/strong><\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Gaming arcades must check every guest against the nationwide OASIS player exclusion register before play begins.<\/li>\n\n\n\n<li>Anyone who allows an excluded player to gamble despite an existing exclusion may be liable for damages.<\/li>\n\n\n\n<li>Loans or credit from the gaming arcade that allow the player to keep gambling are prohibited by law.<\/li>\n\n\n\n<li>Affected players should not sign any waivers and should keep an eye on the applicable limitation periods.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>What is the OASIS player exclusion?<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">OASIS stands for \u201cOnlineabfrage Spielerstatus\u201d (online player status query) and is the nationwide gambling exclusion system maintained by the Regional Council (Regierungspr\u00e4sidium) of Darmstadt. The exclusion applies across all forms of gambling and covers, among others, gaming arcades, casinos, sports betting and online gambling services.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There are basically two types of exclusion:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Self-exclusion:<\/strong>\u00a0The player has himself excluded in order to protect himself from further gambling.<\/li>\n\n\n\n<li><strong>Third-party exclusion:<\/strong>\u00a0This is initiated by a provider or by relatives, for example when a gambling addiction is identified.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Since the Interstate Treaty on Gambling 2021 (Gl\u00fcStV 2021) came into force, gaming arcades have also been connected to the system. Before each instance of play, they must verify the guest\u2019s identity using an identity document and check him against the exclusion register (Section 8 Gl\u00fcStV 2021). An excluded player must not be allowed to take part in gambling.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>The case before the Regional Court<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Our client has been suffering from pathological gambling addiction for several years. From 2022 onwards, he repeatedly had himself excluded via OASIS. Nevertheless, for years he was able to visit a gaming arcade in Baden-W\u00fcrttemberg and gamble there without any restriction.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The staff knew him as a long-standing regular. The employees were aware of both his gambling addiction and his exclusion. Nevertheless,<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>he was not asked for identification when entering the gaming arcade,<\/li>\n\n\n\n<li>he received the access codes for the gaming machines without any identity check,<\/li>\n\n\n\n<li>he was allowed to play several gaming machines at the same time,<\/li>\n\n\n\n<li>and he was lent money as soon as his own cash had run out.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">In this way, our client incurred gambling losses of more than EUR 15,000 in the years 2023 to 2025.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>What obligations does a gaming arcade have?<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Gaming arcade operators must comply with numerous statutory requirements for the protection of players. In the present case, three obligations are of particular importance.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Exclusion check:<\/strong>&nbsp;Before each instance of play, the player\u2019s identity must be verified and his status queried in OASIS. This applies to every guest, including long-standing regulars.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Ban on credit:<\/strong>&nbsp;Under Section 8 of the Baden-W\u00fcrttemberg State Gambling Act (Landesgl\u00fccksspielgesetz, LGl\u00fcG), the operator may not grant credit for the purpose of gambling. He must also prevent third parties from commercially granting such credit on his premises.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Installation requirements:<\/strong>&nbsp;Under Section 3(2) of the Gaming Ordinance (Spielverordnung, SpielV), gaming machines may only be installed individually or in groups of two, with certain distances and privacy screens to be observed. The main purpose is to prevent several machines from being played at the same time.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>On which legal grounds is the lawsuit based?<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>1. Restitution: the gambling contract is void.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Under Section 134 of the German Civil Code (BGB), a legal transaction that violates a statutory prohibition is void. Such a prohibitive statute is a provision that forbids a particular legal transaction.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In our view, the prohibition on allowing excluded players to take part in gambling is also such a prohibitive statute. The gambling contracts would then be void. The stakes paid would have been paid without legal basis and could be reclaimed under Section 812 BGB.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>2. Damages: breach of a protective statute<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Under Section 823(2) BGB, anyone who breaches a protective statute is liable. This refers to provisions specifically intended to protect individuals from a particular danger.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In our view, Section 8 Gl\u00fcStV 2021 meets these requirements to a particularly high degree. The provision expressly names player protection as its purpose. At the same time, it is aimed at a clearly defined group of persons, namely above all excluded players, and obliges operators to carry out specific checks.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>3. Further legal grounds<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In addition, we base the lawsuit on<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>the breach of the ban on credit under Section 8 LGl\u00fcG,<\/li>\n\n\n\n<li>the multiple-machine play permitted in breach of Section 3(2) SpielV, and<\/li>\n\n\n\n<li>intentional damage contrary to public policy under Section 826 BGB. This exists where someone deliberately causes harm to another person in a particularly reprehensible manner.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><strong> Is the player guilty of contributory negligence?<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Gaming arcade operators often argue that the player came voluntarily after all and decided to gamble himself. From this they derive contributory negligence under Section 254 BGB, i.e. the player\u2019s own share of responsibility for the loss.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In our view, this defence should not be accepted. The OASIS exclusion is intended to protect players from themselves precisely when their own self-control is no longer sufficient. If the operator could rely on the lack of self-control, the player protection intended by law would ultimately be rendered meaningless.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>What does the case law say?<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">In a judgment of 12 April 2023, the Regional Court (LG) of Hamburg awarded an excluded player a repayment claim against a land-based sports betting provider. The provider had not carried out an OASIS check beforehand.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The reasoning is noteworthy: in the court\u2019s view, the obligations under Section 8 Gl\u00fcStV 2021 do not cease to apply even if the provider itself has no access to the exclusion system because it lacks the relevant licence. This risk lies solely within the provider\u2019s sphere of responsibility.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There is as yet no supreme court decision specifically on land-based gaming arcades. However, the reasoning can be applied to gaming arcades, as they are subject to the same statutory obligations to check the exclusion register.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>Beware of waivers!<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">It is not uncommon for operators to offer a payment on condition that the player waives any further claims. The aim is often to settle a claim once and for all with a relatively small amount.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">What does this mean for you? By signing such a declaration, you will generally lose all claims beyond that amount. A declaration made under duress can, under certain conditions, be challenged under Section 123 BGB. However, such a challenge is subject to a time limit and must be proven in the event of a dispute. So do not sign anything before your claims have been legally assessed.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>The authorities have been notified<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The incidents have been reported to the competent supervisory authority, which, to our knowledge, is conducting regulatory investigations. The Joint Gambling Authority of the German Federal States (Gemeinsame Gl\u00fccksspielbeh\u00f6rde der L\u00e4nder, GGL) has also been informed. In addition to possible civil law claims, this may also have consequences for the operator\u2019s existing gaming arcade licence.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>What does this mean for affected players?<\/strong><\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li>An existing OASIS exclusion is a key argument. The operator, not the player, is responsible for enforcing it.<\/li>\n\n\n\n<li>In principle, the losses from the respective exclusion periods may be recoverable, i.e. the stakes minus any winnings.<\/li>\n\n\n\n<li>If the staff knew about the exclusion or the gambling addiction, this can further improve your legal position.<\/li>\n\n\n\n<li>Credit granted by the gaming arcade can give rise to separate claims.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>How to proceed:<\/strong><\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Prove your exclusion periods:<\/strong>\u00a0You can request information from the Regional Council (Regierungspr\u00e4sidium) of Darmstadt about the exclusion data stored on you.<\/li>\n\n\n\n<li><strong>Document your losses:<\/strong>\u00a0Keep bank statements, records of cash withdrawals near the gaming arcade, receipts and any player cards you have.<\/li>\n\n\n\n<li><strong>Name witnesses:<\/strong>\u00a0Relatives or companions may be able to confirm when and how often you were at the gaming arcade.<\/li>\n\n\n\n<li><strong>Do not sign anything:<\/strong>\u00a0You should not sign any settlement or waiver offers for the time being.<\/li>\n\n\n\n<li><strong>Watch the limitation period:<\/strong>\u00a0Claims generally become time-barred three years after the end of the year in which they arose. Claims for losses from 2023 therefore become time-barred at the end of 31 December 2026.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"> <strong>Frequently asked questions<\/strong><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Does the OASIS exclusion also apply to gaming arcades?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Yes. Since the Gl\u00fcStV 2021 came into force, gaming arcades must also check every guest against the nationwide exclusion register.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Can I also reclaim losses from <a href=\"https:\/\/ra-cocron.de\/en\/fallkreise\/online-casino-online-sports-betting-reclaim-gambling-money\/\">online casinos<\/a> or sports betting?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Yes. There too, refund claims or other claims may in principle be considered if a player exclusion was disregarded or the provider had no licence.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Do I have to prove my gambling addiction?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">What matters first is that the exclusion was in place. If the staff also knew about an addiction, this can further support the operator\u2019s liability, for example under Section 826 BGB.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p class=\"wp-block-paragraph\">Rechtsanwalt Cocron GmbH &amp; Co. KG \u2013 Munich\/Berlin<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">We represent excluded players and players with gambling addiction throughout Germany against gaming arcades, casinos and online gambling providers. We will be happy to assess your individual claims confidentially and enforce them consistently on your behalf.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A gaming arcade let a player excluded via OASIS gamble for years and even lent him money. We have filed a lawsuit for repayment of more than EUR 15,000 in gambling losses \u2013 and explain what claims excluded players may have.<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","news-kategorie":[45],"class_list":["post-5986","news","type-news","status-publish","hentry","news-kategorie-online-gambling"],"_links":{"self":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news\/5986","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news"}],"about":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/types\/news"}],"wp:attachment":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/media?parent=5986"}],"wp:term":[{"taxonomy":"news-kategorie","embeddable":true,"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news-kategorie?post=5986"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}