EU's Highest Court Backs German Player's Right to Reclaim Gambling Losses From Malta-Licensed Operator

"The judgment in Case C-440/23 went against Malta-licensed operator Lottoland after a German player sought restitution for stakes lost between June 2019 and July 2021, a period when Germany prohibited most forms of online gambling."

"The court confirmed that gambling contracts concluded in breach of national bans are null and void under EU law, and that filing restitution claims does not constitute an abuse of EU rights by players."

"The operator argued that its MGA license and the EU's freedom to provide services under Article 56 of the Treaty on the Functioning of the European Union should override national restrictions. The court rejected that position."

The Court of Justice of the European Union ruled that EU member states can prohibit specific online gambling services, even if operators hold licenses from other EU countries. This ruling allows consumers to sue for losses incurred from gambling contracts that violate national bans. The case involved Lottoland, which lost its appeal after a German player sought restitution for stakes lost during a period when online gambling was largely prohibited in Germany. The court confirmed that such contracts are null and void under EU law.

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