Gambling platform takes legal action against Austrian player over €7,000 winnings recovery
In Austria, the legality of reclaiming winnings from unlicensed online casinos has been a contentious issue. According to the Austrian Supreme Court (OGH), such operators lack the legal authority to reclaim players' winnings as they are not officially authorized to offer gambling services under Austrian law [1].
This ruling, made at the end of June 2024 (case number 8 Ob 21/24g), sets a significant precedent for future cases involving unlicensed online casinos and players in Austria. For operators, this means that in any lawsuits, a set-off of winnings and losses must be made [3].
However, the issue of Bill No. 55, a controversial law in Malta that protects locally based iGaming companies from legal pursuit from abroad, adds complexity to the matter. Many illegal gambling providers operating in Austria are based in Malta [4].
The European Court of Justice (ECJ) is expected to decide whether the provider Tipico was illegally active in Germany, despite actively seeking a license [5]. A ruling from the ECJ would be relevant for Austrian gambling providers.
In a recent case, a player won 7,162 euros between May and July 2020 from an unlicensed online casino. However, the plaintiff must now repay a sum of money to Bet365 after the set-off of winnings and losses [2]. Bet365 has launched a counter-offensive, suing the player and creating an interesting precedent.
The court rejected the plaintiff's argument that an illegal gambling provider should not be able to make claims [6]. The player's case is still pending due to the protection provided by Bill No. 55 in Malta.
Regarding Bill No. 55 and the ECJ decision on Maltese online casinos, no conclusive or updated information is available in the search results. Malta is a well-established regulated jurisdiction under the Malta Gaming Authority (MGA), and Maltese-licensed online casinos are often considered legal and reputable across many EU member states [1]. However, local national laws, such as Austria's, may impose additional restrictions.
In summary, reclaiming winnings from unlicensed casinos in Austria is generally not legally supported, and the status of Bill No. 55 and a recent ECJ decision directly impacting Maltese online casinos in Austria are not detailed in the provided search results. For precise legal details, consulting the latest Austrian legal publications or official EU court records would be necessary.
[1] Austrian Supreme Court Ruling on Unlicensed Online Casinos
[2] Austrian Player's Dispute with Bet365
[3] Austrian Gambling Laws and Unlicensed Casinos
[4] Illegal Gambling Providers in Austria Based in Malta
[5] ECJ Examining Legality of Tipico in Germany
[6] Court Rejects Plaintiff's Argument in Bet365 Dispute
- The ruling by the Austrian Supreme Court (OGH) creates a significant precedent for casino-personalities involved in unlicensed online casinos in Germany, such as those operating from Malta, as it establishes that legality of reclaiming winnings is questionable due to the lack of official authorization.
- The ongoing controversy surrounding Bill No. 55 and the European Court of Justice (ECJ) decision in Malta are crucial factors in understanding the legality of casino-and-gambling trends related to Maltese-licensed online casinos in Austria, as they could potentially impact the status of casino-games offered by these providers in the country.
- As the Austrian court system navigates issues like disputes between players and online casinos (such as the case between a plaintiff and Bet365), it's essential to consider lotteries and gambling trends impacting these cases, as they have the potential to influence future legal decisions and the overall landscape of online casinos within Austria.
