Bundesgerichtshof reviews claims for online gambling losses

The German Federal Court of Justice (Bundesgerichtshof) is reviewing whether players can reclaim losses incurred through illegal online gambling. The case centers on whether individuals can demand refunds for money lost to online casinos that lacked the necessary German licenses at the time of play.

In the specific case being heard, a plaintiff is seeking approximately 10,000 euros in losses from Tipico Games. The player participated in online casino games between December 2020 and September 2022. While Tipico Games held a license from the Maltese gaming authority during this period, it did not possess the required authorization to operate in Germany.

The plaintiff claims they were unaware that the games were prohibited. Conversely, legal representatives for Tipico Games argue that the total ban lacked a proper European law basis at the time and that the company is entitled to protection of legitimate expectations, as they adhered to regulatory guidelines while awaiting official permission.