Supreme Court ruling on online casinos could have major consequences: Belgium is also watching closely
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2 Jul 2026 •
Reading time: 5 minutes
Tomorrow, Friday 3 July 2026 could prove to be a historic day for the Dutch gambling sector. At 10.00 am, the Supreme Court will deliver its ruling in the long-awaited preliminary ruling proceedings concerning online gambling losses incurred prior to the introduction of the Remote Gambling Act (KOA) on 1 October 2021.
The central question is of great legal significance: can players reclaim their losses from online casinos that were operating without a Dutch licence at the time?
The ruling is being followed with great interest by players, casinos, lawyers, claims organisations and regulators. Outside the Netherlands too, including in Belgium, the potential consequences are being closely monitored.
Years of debate reach the Supreme Court
Prior to the legalisation of online gambling in the Netherlands, dozens of international online casinos operated without a Dutch licence. Although they held foreign licences from jurisdictions such as Malta or Curaçao, under Dutch law they were not authorised to actively offer their services to Dutch players.
This led to a wave of legal cases in recent years. Hundreds, and possibly thousands, of players argued that the contracts with these operators were invalid because the casinos were operating without a licence. On that basis, they claimed reimbursement of their full gambling losses.
Dutch courts did not always reach the same conclusions in this regard. Some judges ruled that the agreements were void, whilst other courts decided otherwise. It was precisely because of these divergent rulings that the Supreme Court stayed the proceedings in order to seek clarity through a preliminary ruling procedure.
Negative opinion from the Advocate General
In November 2025, the Advocate General delivered his opinion. This came as a disappointment to many claims organisations.
According to the Advocate General, gambling agreements with foreign online casinos without a Dutch licence are not automatically void. Consequently, a claim based on undue payment would, in principle, not be admissible.
However, that opinion did not yet constitute a final decision.
“That opinion is not binding, and it is now up to the Supreme Court to decide whether to follow this line of reasoning. That is precisely why we will be watching closely on Friday,” says Deepak Thakoerdien, director of Dynamiet Nederland.
Should the Supreme Court follow the advice, it will become considerably more difficult for players to recover gambling losses incurred in the past. If the Supreme Court decides otherwise, this could, in fact, lead to a new wave of civil proceedings against former operators without a Dutch licence.
Major financial interests
The ruling affects a huge market.
Since the legalisation of online gambling in 2021, various claims agencies have emerged which are attempting to recover millions of euros in gambling losses from international casinos on behalf of players.
According to Dynamiet Nederland, a large number of legal proceedings have now been brought.
“Our organisation has brought a significant volume of claims against online casinos to court. We remain committed to clarity and a fair outcome for players, whatever the ruling may be.”
Whichever way the Supreme Court rules, the ruling will set a precedent for future civil proceedings relating to online gambling.
Why Belgium is following this ruling closely
Although the case is taking place in the Netherlands, the ruling could also have significant implications for Belgium.
The Belgian Gaming Commission has for years pursued an active policy against illegal online casinos. Operators without a Belgian licence are blacklisted, whilst internet service providers and payment service providers are regularly urged to restrict access to such websites.
Nevertheless, a significant number of Belgian players continue to use foreign gambling sites that do not hold a Belgian licence.
As in the Netherlands, this raises the question of what legal standing players have when they lose money with such operators.
Could Belgium undergo a similar development?
A ruling by the Dutch Supreme Court is, of course, not binding on Belgian courts. After all, both countries have their own legislation and case law.
Nevertheless, the legal community regularly monitors developments in other European Member States, particularly when it comes to cross-border online gambling.
Should the Supreme Court rule that players can recover their losses, this could inspire Belgian consumers and lawyers to initiate similar proceedings against operators who were active without a Belgian licence.
If, on the other hand, the Supreme Court were to follow the Advocate General’s line, this could also influence future discussions on the civil liability of illegal operators.
European trend
Moreover, the Netherlands is not alone in this.
Legal proceedings are underway in several European countries against online casinos that were operating without a national licence. In Germany and Austria in particular, players have won several court cases in recent years in which gambling losses had to be reimbursed in full or in part.
The outcome of the Dutch proceedings is therefore likely to be analysed internationally by lawyers, regulators and the gambling industry.
More than just a Dutch ruling
The Supreme Court’s decision ultimately concerns much more than individual claims for damages.
The ruling may provide guidance on how European courts should deal with operators who have been operating for years without a national licence, what protection players are entitled to retrospectively, and to what extent illegal operators can be held financially liable.
For the Netherlands, Friday may mark the end of years of legal uncertainty. For Belgium, the same ruling could prompt a reassessment of the civil rights of players who have gambled at unlicensed online casinos.
Whichever way the Supreme Court rules, one thing is certain: the ruling will become an important point of reference within the European gambling sector in the coming years.