Austria: Online casino sues player after win

Many online casinos in Austria do not have the required official licence and are therefore illegal. In the past, more and more Austrian gamblers have therefore tried to reclaim casino losses they have suffered. Now the online casinos are striking back and claiming the winnings previously paid out to players. Should players now fear having to pay back the winnings they have made in the past?

We at GambleJoe have already reported on the issue of illegal online casinos and the associated reclaim claims by players in many places. Back in March 2021, we asked ourselves whether it is a good idea to reclaim casino losses afterwards. Now, however, online casinos seem to be turning the tables and demanding that successful players reclaim the winnings they have already paid out.

Supreme Court in Austria confirms: Providers can reclaim casino winnings

Until now, players in particular have focussed on reclaiming their losses from online casinos. Now the Austrian Supreme Court (OGH) has ruled that illegally operated online casinos can also reclaim winnings from gamblers (OGH 26.6.24, 8 Ob 21/24g). The Supreme Court decision can be viewed online.

In this particular case, a player at Bet365's online casino initially tried to get her gambling losses refunded. The reason given: Bet365 did not have an Austrian gambling licence at the time and was therefore not permitted to operate an online casino in Austria. The situation in Austria is currently such that only Casinos Austria with its ‘Win2day’ brand is legally authorised to offer online gambling.

After the player filed her lawsuit, the gambling provider also filed a lawsuit and demanded repayment of the winnings paid out totalling almost 7,000 euros. The Donaustadt District Court initially rejected Bet365's claim. However, the Supreme Court subsequently ruled in favour of the gambling company and confirmed that the player must repay the entire winnings.

Gambling contracts are void - contracts must be cancelled

The Supreme Court ruled that all contracts concluded are null and void if the online casino in question is illegal. Consequently, the contracts must be cancelled completely. Of course, this applies in both directions, meaning that not only do players get their losses back, but they also have to pay back their winnings.

After all, it cannot be the case that players can participate in illegal gambling without risk. After all, if losses can be reclaimed while winnings can be retained, then the incentive to participate in illegal gambling is naturally great.

It now remains to be seen whether the illegal online casinos will take legal action against players across Austria. It can be expected that the gambling companies will first focus on the players who are trying to recoup their losses. Theoretically, however, it is now also conceivable that illegal online casinos will target players who have won large sums in the past and ask them to pay back the money.

Almost exactly two years ago, we at GambleJoe also reported that some casinos do not refund players' losses despite being convicted. Therefore, a lawsuit against an online casino is of course by no means a guarantee that you will get your losses back. Not even if the court ultimately rules in favour of the player.

Image source: https://pixabay.com/de/photos/flagge-österreich-adler-2260991/