Dutch court rejects historic player loss cases against gambling operators
Gamblers had attempted to reclaim losses dating back to before online gambling was regulated in the Netherlands.
The Netherlands.- The Supreme Court of the Netherlands has closed the door on Dutch gamblers’ attempts to recoup losses incurred with igaming operators before the sector was regulated in 2021. The court has ruled that agreements between online gambling companies and their customers prior to regulation remain valid.
At issue were contracts formed under the old Games of Chance Act (WOK) of 1964, before implementation of the Remote Gambling Act (KOA), which led to the launch of regulated online gambling in the Netherlands at the start of October 2021. The court ruled that wagers and casino play conducted before the new legislation came into effect.
This decision resolves long‑standing disputes in which former players sought reimbursement on the grounds that operators had been unlicensed. The court found no basis in the wording or structure of the law to declare such transactions invalid.
The ruling benefits several major brands that were active in the Dutch grey market before regulation. They include Entain’s Bwin, PartyCasino and PartyPoker, 888 (now under Evoke Plc), and Kindred’s Unibet ( now owned by FDJ United). In April, the Rotterdam District Court ordered Betsson to repay more than €500,000 to a player after it failed to show at court.
Entain has already welcomed the outcome, saying that it “confirms the position we have consistently maintained, that gambling agreements entered into before 1 October 2021 are valid, and that historic losses cannot be recovered on the grounds of invalid contracts.”
Similar types of claims have been brought by customers in Germany and Austria, where they remain ongoing. An opinion issued by the European Court of Justice (ECJ) last September agreed with claimants that player-operator contracts were void under applicable contract law but stopped short of determining whether Germany’s legislation is compatible with European Union law.
