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Online Casinos in general: Are you allowed to play in casinos with a Curacao license? (Page 3)

Topic created on 02nd Mar. 2020 | Page: 3 of 3 | Answers: 21 | Views: 9,516
Ichbins2018
Top Member

Are you allowed to play in casinos with a Curacao license?

4th Mar. 2020, at 10:01 am CET#21
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Dani1899 wrote on 02/03/2020 at 20:26: Are you allowed to play in casinos with Curacao license? I read everywhere that they don't pay out anything. But are there also reputable ones and if so are you allowed to use them in Österrreich/Germany at all?

I will answer your question then...

No you may not, at least not if you live in Germany - and the same applies to "all" other offers e.g. from Malta Gibraltar etc. which flood the German market with their so-called would-be MGA licenses.

Exception is SH, here some Online Casinos have a German license and ONLY there you can -provided you also live in SH
the German licensed legally play

However, the Germans are no longer what they once were and law and order - especially with regard to online gambling - is trampled underfoot or even the German state has failed here across the board and has been watching for a long time only as you cheerfully transferred your coal - despite the ban - to Malta Gibraltar Curacao, etc.

The online gambling ban (for Germany) is confirmed by the Supreme Court, as well as it is also in accordance with EU legislation and you could read in the link below.

https://www.isa-guide.de/isa-gaming/articles/173072.html

Good luck anyway - and as I said, who cares about German legislation? Gambling industry and players make / have their own laws.



This post has been translated automatically

Ichbins2018
Top Member

Are you allowed to play in casinos with a Curacao license?

4th Mar. 2020, at 10:28 am CET#22
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As for Austria,

Source: https://www.sn.at/salzburg/chronik/illegales-gluecksspiel-online-anbieter-muss-spieler-130-000-euro-zurueckzahlen-84330508


"Illegal gambling": online Provider must pay back player 130,000 euros

A Pinzgauer receives according to not yet legally valid, but already executable judgement 130,000 euro back, which it lost with on-line gambling. Reason given by the court: The defendant foreign online provider was operating illegal gambling in Austria.

A Pinzgauer lost three quarters of a million euros online while gambling "one-armed bandit" (symbol image).


The court rulings that a former notorious (gambling) gambler from the Pinzgau region won in his favor after a two-year legal battle are just as explosive as they are probably also trend-setting for many other potential plaintiffs.

Flashback: The Pinzgauer, who was once severely addicted to gambling, had gambled the horrendous sum of 775,000 euros at a large foreign online gambling provider via his computer and cell phone from April 2016 to March 2017. For days and nights he played online at the "one-armed bandit" - a game of chance where win and loss depend only on chance. In February 2017 alone, the extreme gambler lost 130,000 euros in just one week.

In April 2018, he brought an action against the online casino giant through his Salzburg lawyer Johannes Koman at the Salzburg Regional Court for repayment of the 130,000 euros due to unlawful enrichment. The defendant is based in a southern European state and holds a gambling license from that very state.

"We based the lawsuit on two pillars," Koman said. On the one hand, the defendant provider operates prohibited gambling on the domestic market, "because the offering of such Games of chance is subject to the Austrian gambling monopoly in this country. And, according to the existing legal situation, may only be offered by the Austrian Lotteries Association." For this reason, no valid gambling contract had been concluded between his client and the provider and therefore the gambling amounts paid via credit card could be reclaimed.

On the other hand, Koman argued, his client had not been legally competent at least in part during the period in question due to his gambling addiction.

The internationally active online gaming operator rejected the claim. He argued that the gambling monopoly in Austria was contrary to EU law. Furthermore, there was no legal incapacity of the plaintiff at the time of his gambling. Moreover, an Austrian court did not have jurisdiction over the action: when registering on the provider's website, the plaintiff had agreed to the general terms and conditions of use, according to which a court in the country in which the provider was domiciled had jurisdiction over legal matters.

Salzburg Regional Court and OLG LInz ruled in favor of the plaintiff
In August 2019, however, the Salzburg court upheld the claim: the defendant must repay the Pinzgauer the 130,000 euros. Attorney Koman: "The LG Salzburg clearly stated that in the specific case the jurisdiction of an Austrian court is given. And this is because the plaintiff is a consumer in the sense of our Consumer Protection Act and the gambling operator clearly also targets its offers at customers in Austria." The court had equally clearly stated that the Austrian gambling monopoly did not violate un ion law according to the unanimous case law of the Supreme Court. Since the game of chance "One-Armed Bandit" offered by the defendant was clearly subject to the domestic gambling monopoly, this was the offering of a game of chance prohibited in Austria. With the consequence, so Koman, "that between player and offerer each time invalid gambling contracts came off and the stakes are to be paid back".

The fact that the Salzburg Regional Court did not assume the existence of a completely excluded legal capacity of the plaintiff during the gambling period, but only of a reduced legal capacity due to the Gambling addiction, is ultimately irrelevant, says Koman: "The fact is that this does not change the fact that the defendant has to repay my client according to the judgment his gambling loss due to offering prohibited gambling."

Judgment not yet final - extraordinary appeal possible
The offerer put in with the higher regional court Linz appeal against the judgement, flashed now however thereby off, as the Salzburger court speaker Peter Egger confirmed: ?The OLG did not give consequence to the appeal and did not permit also an ordinary revision. However, an extraordinary appeal to the Supreme Court is possible. Which is why the judgment is not yet final."

Attorney Koman adds, however, "that the enforceability of the judgment is not inhibited by the possibility of the extraordinary revision. If the provider does not pay voluntarily, it is executable."

According to Koman, the OLG Linz had rejected the defendant's objection that only its (legal) sports betting offer, but not its gambling offer, was aimed at Austrian customers. Koman had "for economic reasons", as he says, claimed "only" 130,000 euros in the present action. Whether it leads also regarding the remaining 645,000 euro, which likewise gambled away its mandator, further complaint, leaves it open.

The Viennese lawyer Christoph Leitgeb, representative of the defendant gambling offerer, told the SN, "that we examine the OLG judgement now exactly and reserve ourselves the possibility of an extraordinary revision".

This post has been translated automatically

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