Bwin wins lawsuit from Dutch gambler: ‘may keep gambling winnings’

A Dutch judge ruled in favor of online casino Bwin last week. A Dutch man who gambled with the operator between 2017 and 2021 had filed a lawsuit. He claimed €94.000 in loses to be refunded to him of what he lost at Bwin but the judge rejected his claim.

The man claimed that the agreement with Bwin was null and void because the company did not have a gambling license in the Netherlands at the time of his loss. Furthermore, he claimed that when Bwin received official licenses in the Netherlands, the company failed to fulfill healthcare obligations.

Judge rules in favor of Bwin

The judge did not agree that the agreement should be voided. He therefore ruled that the ban on gambling without a license is intended to regulate the market and prevent gambling addiction and fraud. For this reason, the agreement cannot be immediately declared null and void simply because Bwin did not have a permit.

Moreover, the judge ruled that Bwin had indeed fulfilled its duty of care. The online casino offered sufficient resources to play responsibly such as playing limits and the option of self-exclusion and customer service that was available 24 hours a day.

The gambler can still appeal

The ruling is striking because previous judges in similar cases have ruled in favor of gamblers who had also lost money in similar cases. Lawyer Benzi Loonstein, who represented the gambler in this case, says he is surprised by the ruling. He believes that the court wrongly ruled that Bwin did not act responsibly towards the player.

Loonstein is nevertheless optimistic about the chances in future lawsuits. He points out that the Council of State has previously ruled in favor of Dutch players and that the Gaming Authority has indeed consistently enforced this.