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  1. #1
    The Buzz's Avatar
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    Default German court: Gamblers do not have to repay debts with illegal operators

    A German court in Munich ruled this week that a gambler could have his debts written off if the operator he played with is not licensed in the country.

    The District Court of Munich dismissed a case filed by Landesbank Berlin against a Visa credit card holder. The card holder had claimed that he was not liable to pay his debts because they had been incurred while playing on an online gaming site that was not legally licensed in Germany. Landesbank Berlin did not appeal the ruling.

    From European Gaming:

    The news that German citizens can take out credit with gambling sites that are licensed in EU member states, although not in Germany, and then refuse to pay them back, is likely to give operators pause for thought, whether the German court’s ruling is illegal under EU law or not.

    The court in Munich applied Federal Court of Justice (Germany’s highest court) case law when it ruled that the onus is on the banks to refuse payments to unlicensed online gambling companies.

    Further, it said, the transactions in the Landesbank Berlin case would have flagged up a special code to the bank that identified them as an online gambling payment. The court found there was no question the bank had failed to spot this code because it added its own special commission for “casino sales.”

    “The court cannot recognize any wrongful action on the behalf of the defendant. Rather, it is the plaintiff who behaves in an abusive manner if it clearly violates a legal prohibition … the purpose … [of which] … is to protect the defendant from the dangers of gambling,” said the ruling.
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  3. #2
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    Imagine if everyone can do this and have their debts written off in this way. It would sure save us a lot of money.

  4. #3
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    An excellent way to drive out unlicensed operators.
    Sweet Bet - Reviews of reputable online casinos, poker sites, sportsbooks & bingo halls
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  6. #4
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    Thats crazy, Do the same rules apply to other illegal activities? Seems like another incentive for more online casinos to start using Bitcoin / crypto only. I am sure the credit card companies are going to start blocking casino payments and doing charge-backs real quick.
    Since 2009 we have been reviewing online casinos with a current focus on US Mobile Casinos. More recently we have launched and expanded into the world market with Online Casino Reviews - Along with our newest addition

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  8. #5
    Syndicate is offline Public Member
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    Interesting, because now they are saying it's ok to renege on debts in other EU countries.

  9. #6
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    In my opinion, we are going towards restrictions.
    Casinos are fined, players will not be able to use credit cards and so much more. I think that several operators will leave Europe
    and take the licenses elsewhere. Wanting too much money, they will lose everything!

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  11. #7
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    Great decision, now every player in Germany is checking through the licencing information to make sure that their operator of choice isn’t listed in Germany. I know I am

  12. #8
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    This opportunities, e.g. also of credit card charge backs or charge backs with Paypal is not new. Already 17+ years ago in Germany's leading roulette forum it was discussed how to fight back with credit card charge backs. So since decades players from Germany can do this and no one has to fear this offshore constructs. No online casino ever has successful sued a German player for that, not even for "winnings" due to technical issues. This ruling is only the highest ruling and the confirmation of what was usual all the time.

    The fine thing is, in this cases the place of jurisdiction is Germany, and they have to come to our country to sue us, which is as difficult as you can see when cheated players from Germany try to sue the offshore crooks, because they have
    place of jurisdiction to their advantage then.

    Most people have forgotten, that it is illegal in Germany to play at online casinos unless they are fully licensed here with a real license. Players can put behind bars for up to six months if one follows the criminal code. Only Bavaria tries from time to time to enforce this criminal law. Other states simply forced the banks to stop any transactions to or from online casinos.

    This could be perhaps also a reason of the Quasar demise by the way.


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