The courts have not yet found a uniform line related to damages in online casinos. On the one hand, the chain of arguments that players are freed from any risk by paying back is conclusive. You could have won at the casino. Then they wouldn't have gone to court. Now they go to court and often get a refund. Somewhere it is paradoxical. And yet the Federal Court of Justice recently ruled that online casinos constitute "illegal, public gambling". Because of this, customers currently have the best prospects of claiming back at least part of their losses.
First, however, we must take a step back. Because in order to understand the legal situation, we also have to have an overview of the old rules. Up to and including June 2021, online casinos were banned almost everywhere in Germany. Only Schleswig-Holstein had issued a license to some providers. These Internet gaming libraries were then also a constant in television advertising. On top of that, the online casinos accepted players from all over Germany. Ultimately, they referred to their licenses, which were mostly issued in Malta or Cyprus. The provider's view: These concessions apply throughout Europe because of the EU's freedom to provide services. But the state legislation cannot be overturned so easily.
Ban on online gambling in Germany compatible with EU law
There are now several court decisions that have argued that the ban on online gambling in Germany is legal under German law. The European Court of Justice (ECJ) came to this conclusion in 2010. The Federal Court of Justice (BGH) also recently decided in this sense. Gambling licenses can be issued from Malta and Cyprus across Europe. However, it is still up to the individual states to enact restrictive measures . Which brings us to another point. For years, the state has done nothing against illegal gambling or has only taken insufficient measures. Many providers have derived a tacit toleration from this. However, the Federal Court of Justice is now of the opinion thattoleration is by no means to be equated with legalisation . Therefore, claims for damages currently have more chance of success than in the past.
Nevertheless, the online casinos should not be removed from the market. On the contrary! It is even planned to grant these licenses. So far, however, the German state has been very hesitant about this. Because officially online casinos are allowed by law. But a license to make the slot offer legally accessible is still missing everywhere. This paradox must be resolved as soon as possible. In addition, it is important to limit the financial burden of claims for damages against the online casino. Therefore, there is a statute of limitations of three years. If we complete the turn of the year to 2022, then losses from 2018 would no longer be liable for damages. Incidentally, there are chances of a successful reclaim in Austriaeven better. There, the Supreme Court (OGH) has already confirmed the claims of suing players. And in Austria, the statute of limitations is 30 years.
When will the first licenses be available? Players and providers are waiting very impatiently for this. Because the legal confusion will only be resolved when the online casinos operate legally on the market with a license, as provided for by the State Treaty on Gambling 2021.
Interesting facts about bans, player lawsuits and the current law
First of all, it is important to clarify which forms of play are eligible for compensation. Since we keep talking about the online casino, sports betting is off the table. In fact, these have been legal in Germany since 2012. This means slots, roulette, poker and blackjack - provided these games have been played online. By the way, there is one more exception. At the beginning we mentioned that Schleswig-Holstein had issued licenses. These have now expired. But the concessions were valid for many years. So if you come from Schleswig-Holstein, you have played completely legally in the online casino. Consequently, a recovery would have no chance of success.
It is questionable what the current legal situation looks like. Some online casinos still offer their services in Germany. Slot machines are actually legal under the law. As we have learned, toleration is not an argument. And without a license, the provision of corresponding games is actually not permitted. This creates a concrete dilemma. Currently, players could risk bets and claim them back in the event of a loss. Either the customer wins in the online casino or in court. However, we would not dare to give it a try. Because judges still rule in favor of the online casinos and against any compensation.
In this regard, it should also be mentioned that no legal protection insurance will cover the costs of clarifying a claim for damages in court. On the other hand, some lawyers have specialized in this type of retrieval . In the event of a successful lawsuit, they are then often paid on the basis of a contingency fee. Consequently, the player would not be reimbursed for all of his expenses. After all, it is from this value that the lawyer has to be paid.
Clear rules in online gambling : This is what customers and the best online casinos hope for. The GlüStV 2021 was a first step. But the newly founded authority will not be fully operational until 2023. Therefore, we will probably have to be patient for a while until all regulations are fully applied.
