Münster Regional Court: Online casino must pay back around €140,000

Over a period of almost ten years, a player lost a total of almost €140,000 at an online casino. He has now taken his casino losses to court - with success. The plaintiff based his claim on the fact that he was unaware that online gambling was illegal in Germany at the time.

Just a few weeks ago, we at GambleJoe reported on a judgement by the Traunstein Regional Court, which ruled that an online casino must refund a player $7,670. In a judgement dated 25th September 2023, the Regional Court of Münster has now ruled that another online casino must refund a player a total of 139,680.00 Euros. The court ruled that the casino must pay this amount in damages because the online games were offered illegally.

Player lost around €140,000 in just under ten years

The player who brought the case to the Regional Court of Münster lost the considerable sum of around €140,000 between January 2013 and May 2022, meaning that the casino player lost an average of around €1,200 per month in the online casino - for a total of almost ten years.

In court, the player's lawyer argued that he was unaware that online gambling was illegal in Germany during this period. The judge ultimately awarded the player damages totalling €139,680. This is an impressive victory for the player. However, we at GambleJoe have questioned the wisdom of reclaiming casino losses in the past.

Why was the player's lawsuit successful?

The reasons given by the Regional Court of Münster included the high level of protection required for players and the prohibition of public online gaming regulated in Section 4 (4) of the GlüStV. Although it will be possible to legally offer online slots and other online games of chance when the new GlüStV comes into force in the summer of 2021, a licence from the Joint Gaming Authority of the Länder (GGL) is still required in all cases.

The Regional Court of Münster also argued that the online casino had disregarded the applicable prohibition in its pursuit of profit. For this reason, the casino operator was liable for damages. All gambling contracts concluded in the past are therefore null and void.

In May this year, another article dealt with the so-called "immediate compensation" in connection with the recovery of casino losses.

When does the player get his casino losses back?

The online casino operator can of course still appeal against the verdict. If they do not, the casino will have to pay out the players' losses of €140,000 immediately.

About a year ago, an article was published about the ruling of the Ulm Regional Court. In December 2022, the court ruled that a player should be refunded casino losses totalling €170,000.

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