Austria: Players at an illegal casino ordered to repay their winnings
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12 Aug 2024 •
Reading time: 2 minutes In a decision that could set a precedent, the Austrian Supreme Court has issued a surprising ruling. It has authorised an online casino operating illegally on Austrian territory to claim the reimbursement of a player’s winnings. This unprecedented decision raises many questions about players’ rights and the fight against illegal gambling.
The facts
It all started when an Austrian player won more than 7,000 euros at an online casino based in Malta, but operating without a licence in Austria. The casino, considering that the gaming agreement was null and void due to its illegality, took the case to court to recover the sums paid.
After a long legal process, the Supreme Court ruled in favour of the casino. It justified its decision by explaining that the purpose of the Gambling Act is not only to protect players, but also to combat illegal gambling. By allowing players to keep their winnings from illegal operators, they are encouraged, according to the Court, to continue these activities.
Implications of this decision
This decision has important implications for players and gambling operators.
For players: Players who have won money on illegal gambling sites now risk having to repay their winnings. It is therefore strongly advised to only play on regulated and authorised platforms.
For operators: This decision gives the authorities a new tool to fight illegal gambling. Indeed, if illegal operators are allowed to recover the winnings they have paid to players, playing on an illegal casino loses its appeal for players. They should therefore turn again to legal casinos.
Situation in Europe
This Austrian decision is part of a broader context of the fight against illegal gambling in Europe. Several countries, such as the Netherlands and Germany, have already experienced similar cases where players were able to recover their losses from illegal casinos. However, the Austrian decision is the first to go so far in allowing the clawback of winnings.
The decision by the Austrian Supreme Court is a turning point in the fight against illegal gambling. It shows that the authorities are determined to crack down on operators who do not comply with the law and to protect players. It remains to be seen whether other countries will follow suit and whether this decision will have a lasting impact on the online gambling market.