An Austrian player sued Titanium Brace Marketing, a Maltese-licensed gambling operator, to recover losses from online games of chance offered without an Austrian licence, claiming the gambling contract was void under Austrian law and seeking to hold the company's directors personally liable.

The CJEU ruled that under the EU's Rome II Regulation governing cross-border tort claims, the applicable law is determined by where the damage occurs, and in online gambling cases, damage is considered to occur at the player's habitual residence—in this case Austria—meaning Austrian law would generally apply to such claims.

From Gaming Intelligence:

The ECJ ruling states that “in the context of an action for damages for losses incurred when participating in online games of chance offered by a company in a Member State where that company did not hold the licence required by law, the damage sustained by a player must be deemed to have occurred in the Member State in which that player is habitually resident.

“That said, where it is clear from all the circumstances of the case that the tort or delict is manifestly more closely connected with another country, the Rome II Regulation allows the court seised to depart from the general rule and to apply the law of that other country.”
Read more here: https://www.gamingintelligence.com/l...ambling-cases/