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  1. #1
    The Buzz's Avatar
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    Default German High Court to hear case regarding refunding losses from illegal operators

    The Federal Court of Justice of Germany (BGH) is set to schedule a hearing on 2 May to address the reimbursement of player losses from gambling with unlicensed operators.

    The case was brought forward by a plaintiff after being dismissed by the Lower Court of Dresden (OLG Dresden) in 2023. The defendant is an Austria-based sports betting operator that offered services to German players in 2018. This hearing at Germany's highest court could have significant implications for players' ability to recoup funds lost through unregulated gambling platforms.

    From iGaming Business:

    As per the court documents, it is claimed that the defendant’s sports betting offer was illegal. This is because it did not meet the requirements of Section 4 Paragraph 5 No 2 GlüStV 2012 (Germany’s State Treaty for Online Gambling), which covers monthly maximum stakes per player.

    It also breaches Section 4 Paragraph 5 No 5 GlüStV 2012, which separates sports betting and other gambling. The defendant also offered a cash-out function, which is non-permissible under the State Treaty.

    With their lawsuit, the plaintiff also demands that the defendant repay the payments made to them in the amount of the losses suffered of €11,984.89, plus interest.
    Read more here: https://igamingbusiness.com/legal-co...player-losses/

  2. #2
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    Quote Originally Posted by The Buzz View Post
    The Federal Court of Justice of Germany (BGH) is set to schedule a hearing on 2 May to address the reimbursement of player losses from gambling with unlicensed operators.

    The case was brought forward by a plaintiff after being dismissed by the Lower Court of Dresden (OLG Dresden) in 2023. The defendant is an Austria-based sports betting operator that offered services to German players in 2018. This hearing at Germany's highest court could have significant implications for players' ability to recoup funds lost through unregulated gambling platforms.

    From iGaming Business:

    Read more here: https://igamingbusiness.com/legal-co...player-losses/
    If operators are obligated to reimburse losses, will the winning players also be required to return the money?

    If this were to be approved, it would undoubtedly pave the way for a cascade of complaints from players who bet and lost, encourage people to choose unlicensed operators in the future (if you win, you earn money, and if not, you request a refund) and take away the responsibility from those who decide to play with their money.

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    universal4 (10 April 2024)

  4. #3
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    That was my thought too.

    I am totally sure that anyone that wins at a casino they shouldn't have, they will be lining up to file a complaint to confiscate their winnings.

    /end satire

    Rick
    Universal4

  5. #4
    dannyx is offline Public Member
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    Very in such a situation, the turnover of regulated operators may fall, where there will be no "refund"
    A reasonable player will play unlicensed sites because in case of loss there will be a chance for a refund. As has already been said.

    Besides, who is supposed to return it?
    From the state budget, or the bookmaker where the bets were placed?
    The information mentions the defendant Austrian operator. That's the EU. What about offshore bookmakers away from the EU? E.g. Betonline, or crypto bookmakers, often without any license, or you know what licenses.

    It seems to me that such a thing doesn't make sense..... on the other hand, if such a thing were to happen somewhere I would bet on EU countries, this is where the center of strange ideas is.

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