ECJ opinion offers no resolution on German player loss cases against gambling operators
Another key decision is expected later this month.
Luxembourg.- An opinion issued by the European Court of Justice (ECJ) has done little to provide a resolution to the long-running legal cases brought against gambling operators in Germany. Hundreds of claims for compensation have been lodged by players seeking refunds of gambling losses from before online gambling was regulated in the country.
Advocate general Nicholas Emiliou has issued an opinion on case C‑440/23, which was referred to the ECJ by a Maltese civil court in April. He deemed it valid for Germany as a locally regulated market to block access to online casinos licensed in Malta. He also found that civil claims by players against operators who lacked local licences do not constitute an abuse of EU law, which would support the legal basis for player loss cases brought against Malta-licensed platforms.
The opinion also agrees with claimants that player-operator contracts were void under applicable contract law. This could potentially influence the outcome of many similar cases held up in regional courts in both Germany and Austria.
However, the opinion stops short of determining whether Germany’s legislation is compatible with European Union law. A key moment for that is likely to be the ECJ’s review of another case, C‑530/24 involving the operator Tipico, which is scheduled for September 24.
