German court orders Betfair Casino Ltd. to refund gambling losses

The Higher Regional Court of Hamm has rejected an appeal by Betfair Casino Ltd., upholding a ruling that requires the operator to refund approximately 41,000 euros to a player. The player lost the funds through online gambling on a German-language website between May and October 2015.

The court determined that because online gambling was generally prohibited in Germany until June 30, 2021, the contracts entered into between the player and the operator were void. Although Betfair Casino Ltd. held a Maltese license, it lacked the necessary German authorization for its services.

In its decision, the court dismissed arguments from the defendant claiming that the German prohibition violated European law, that the Interstate Treaty on Gambling was not a protective law, or that the claim was barred by the statute of limitations or constituted an abuse of rights.