German courts dismiss player loss lawsuits
Several lawsuits brought ahead of the new licensed online gaming regime have now been dismissed.
Germany.- Players who brought lawsuits over gambling losses incurred before the introduction of Germany’s new federal gambling legislation have seen their cases dismissed.
Several players had filed lawsuits demanding refunds on the grounds that online casino gambling was illegal in Germany outside the state of Schleswig-Holstein before the introduction of the new state treaty on gambling on July 1.
In some cases, players argued that they did not know that gambling was illegal and that since the operators were unlicensed they should be entitled to reimbursements for losses.
However, courts have now rejected the cases. The Leipzig Regional Court has ruled that gambling involves an inherent risk of losing money and that the players were aware of this.
It also noted that the plaintiffs themselves were liable for prosecution because they had played illegally, in breach of section 817 sentence 2 of the German Civil Code.
See also: Anne Poggemann appointed to lead new German gambling supervisor
Meanwhile, Munich District Court found that a payment provider had breached no protection laws in allowing a player to make payments to an online casino provider.
The Braunschweig Regional Court, meanwhile, has rejected an application for legal aid in order to bring a lawsuit. It also noted that the player himself had breached the law.
The online casino platforms and payment providers were being represented in the lawsuits by Hambach and Hambach.
Germany’s licensed online gambling market launches with a controversial 5.3% tax rate on online casino.
See also: Nordrhein-Westfalen opens tender for online table games
