The Bonn Regional Court upheld a judgment handed down by the Euskirchen District Court on May 31 to dismiss a player’s request to recover losses that occurred before online gambling was legalized.

The complainant had played online casino games with an operator based in Malta, before the implementation of the Fourth German State Treaty on Games of Chance (GlüNeuRStV). The GlüNeuRStV made it possible for the first time to offer slot machines and online poker in Germany.

They argued that because online gambling was illegal at the time, they were entitled to reimbursement for the losses they suffered.

The operators involved were represented by the Hambach and Hambach law firm.

This case was initially closed by the Euskirchen District Court in May. However, the claimant appealed the decision and the case was subsequently taken to the Bonn Regional Court and dismissed.

This is the first appeal judgment handed down by a German regional court in this type of case.

The Bonn Regional Court said the lawsuit failed because the plaintiff violated Article 285 of the German Criminal Code by knowingly playing online casino games from a provider located outside of Germany.

Hambach and Hambach noted that it was obvious the player should have known that online gambling was illegal by the time the losses occurred.

“The illegality of online gambling had been strongly in the public eye, especially during the years of its involvement in 2019 and 2020, not only on the Internet but also in the national press,” the firm said. ‘lawyers. “In this context, it was unrealistic to assume that the complainant did not know.

“He should have known that he should have clarified the legality issue himself before participating. According to the court, the complainant could easily have done so by obtaining information from the competent authorities or by doing research on the internet.

The plaintiff argued that he had no knowledge of this law, which the court did not accept.

Several similar lawsuits in lower courts were dismissed in September.


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