EU court to decide if German bettors can claim millions in unlicensed bets

Garance Limouzy July 26, 2024

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EU court to decide if German bettors can claim millions in unlicensed bets

The European Court of Justice (ECJ) is set to determine whether German bettors can claim refunds for their losses from operators who offered their services without valid licenses before the German sports betting regulation. This decision follows a referral from Germany’s Federal Court of Justice, Bundesgerichtshof (BGH).

Claiming refunds

From 2012 to 2020, many betting operators applied for German licenses but faced a lengthy bureaucratic process that resulted in no licenses being issued for years. Despite this, operators continued their services under licenses from other EU countries, such as Malta. According to German law, operating without a valid German license is illegal, which could void any contracts issued during this period and entitle consumers to claim refunds.

European court to decide

The case originated when a claim for €3,719.26 worth of losses was presented in front of a German district court. The plaintiff argued that Tipico, being unlicensed during the time of the bets, should pay back the losses. The district court dismissed the case and the appeal. However, a growing number of cases involving reimbursement from operators have been presented to the courts and treated inconsistently, leading the BGH to seek a definitive ruling from the European Court of Justice.

Freedom of service

The EU promotes the free movement of services within the union, and this principle could lead the ECJ to rule in favour of the operators. The companies argue that the flawed German licensing process should not be held against them. They believe the EU court might rule against the refunds, aligning with a previous decision that identified the German licensing process as incompatible with EU regulations. If the ECJ sides with the operators, it would validate their operations during the licensing void and potentially limit their financial liabilities.
German Sports Betting Association president Mathias Dahms declared, “We are confident that the ECJ will rule in favour of the providers and the European freedom to provide services, as it has already done in the past.”