Payments to the operator of an illegal online gambling game can be reclaimed
The operation of online gambling in Germany requires a permit from a German authority. A breach of the obligation to obtain a licence can lead to a reversal of a contract between the operator and the consumer.
LG Köln, Urt. v. 19.10.2021, a court in Cologne ruled that payments for unauthorised online gambling games can be reclaimed. LG Kocher asks if there is a wave of lawsuits threatening operators.
The plaintiff used the online offer of a Maltese gambling operator and made a loss of €7,000 between 2015 and 2017. The website was operated under a German domain and in German. It had a licence under Maltes law, but not under German law. In 2020, the plaintiff sued for payment of the losses suffered plus interest.
The Regional Court of Cologne ruled in favour of the plaintiff user. The defendant offered its services in German on the local market and targeted German consumers. A licence granted in another EU country was not sufficient. The court felt an increased need for justification.
The Regional Court of Cologne ruled that payments to the operator of an illegal online gambling game can be reclaimed. Users can transfer the risk of loss to providers by reversing the contract. Operators should take care to obtain a German licence in future.
