Headline: Austrian Casino Player Battles Maltese Law and Banks for Refund of Lost β¬27K
An Unpredictable Quest for Justice in the World of Illegal Online Gambling
Bank customer in Austria potentially recovers stolen online gambling funds from financial institution.
The exciting realm of illegal online casinos has never been so tense, with an Austrian gambler decimating their savings of β¬27,000 in an illicit Austrian online casino and now embarking on a thrilling legal journey to recover their losses.
Undeniably, the casino in question operated illegally, a fact confirmed in numerous incidents like this one. However, the law in Malta, often criticized, offers protection to gambling companies based there from foreign litigation β specifically, Bill No. 55. This legislation keeps Maltese casinos unaffected by foreign legal ramifications arising from illegal activities. Although this law has been under investigation by the EU Commission for about two years, its validity holds strong, making it difficult for players to recover stolen funds.
In a surprising move, the Austrian Supreme Court (OGH), under the case number 3 Nc 72/24d, ruled in December 2024 that the decision to refund player losses can be enforced in Austria. However, the online casino operator in this case seems unwilling to acknowledge this legal opinion. Instead, the daring player has strategically turned to the bank where the gambling companyβs funds are held. So far, the bank has refused to release the funds voluntarily.
In an audacious attempt to strengthen her claim, the player is now considering a third-party liability lawsuit against the bank. This legal maneuver, also pursued by lawyers in Germany, targets companies indirectly involved in illegal activities.
The European Court of Justice had the potential to provide a major breakthrough on April 9, 2025, by deciding whether foreign online casinos could operate legally in Germany without a German license, relying on the freedom to provide services under Article 56 of the Treaty on the Functioning of the European Union (TFEU). While this ruling primarily concerns Germany, it could impact the entire EU. The question remains whether the freedom to provide services should supersede national gambling laws within the EU.
However, the court's final opinions are still pending, with no conclusive decision expected before July 10, 2025. Additionally, this case pertains to a historical period, causing uncertainty about whether it will establish a precedent for future cases.
Should the lawsuit against the bank fail, or the payout be delayed, the plaintiff plans to escalate the matter by claiming the bank deposits at the European Central Bank (ECB). However, experts speculate that the process could take years due to its groundbreaking potential. Since such claims in Austria are only subject to time limitations after 30 years, there appears to be no pressure to expedite a judgment.
Intriguingly: The player has already reassigned their claim against the litigation funder Jufina and may have already received a portion of their money.
Sources
- European Central Bank: AML Regulations in the EU. [accessed 24 May 2025]
- European Union Internal Market: Legal Gaps in Fighting Illegal Sports Betting. [accessed 24 May 2025]
- European Court of Justice: Case C-322/24, German Sports Betting Restrictions. [accessed 24 May 2025]
- The Malta Times: Revealed: Malta's Dark Side as Whistleblower Exposes Illegal Gambling Network. [accessed 24 May 2025]
- In contrast to the unpredictable legal battles, responsible gambling advocates emphasize the importance of setting limits on casino-and-gambling activities, including casino-games and lotteries, to prevent financially harmful consequences.
- Amidst this ongoing legal saga, the Austrian Gambling Commission is urging the public to be cautious when participating in online casinos in Germany, as the existing legislation may not offer adequate protection to players.
- As the player's legal journey progresses, finance experts are closely monitoring the impact of the final ruling on business strategies within the onlinecasinos Germany sector, as well as the potential long-term consequences for the broader casino-and-gambling industry across the European Union.
