In Austria, the gambling landscape is dominated by a state monopoly: win2day, operated by Österreichische Lotterien. However, the digital boom has enabled many foreign operators, often based in Malta or Curaçao, to offer their services to Austrian players without legal authorisation. This has led to considerable financial losses for players and a series of legal disputes.
The challenges of regulation: between player protection and economic interests
The current situation in Austria raises complex issues. On the one hand, it is essential to protect consumers from the risks associated with gambling, including addiction and financial loss. On the other hand, maintaining a state monopoly can limit competition and innovation, while driving players to unregulated platforms.
Dr Oliver Peschel, a lawyer specialising in gaming law, represents many gamblers in litigation. He points out that, although some Austrian courts have ruled in favour of gamblers, the application of these decisions remains problematic.
Austrian case law: a controversial precedent
In August 2025, the Austrian Supreme Court handed down a decision that turned the legal landscape of gambling on its head. It ruled that an online gambling operator, although not authorised in Austria, could demand repayment of winnings paid to a player. This decision was seen as an attempt to dissuade players from using illegal platforms.
Claus Retschitzegger, president of the Österreichische Vereinigung für Wetten und Glücksspiel (OVWG), reacted by calling for an in-depth reform of gambling legislation.
“The Supreme Court ruling clearly shows that we are in a de facto legal vacuum for consumers. Austria is lagging behind in the EU when it comes to gambling regulation. This ruling makes it clear that political action is urgently needed. Clear framework conditions must be created for all parties concerned,” he said.
Maltese legislation: an obstacle to refunds
One of the main obstacles to the enforcement of Austrian court rulings is Maltese legislation, in particular Bill 55. This law aims to protect Malta-based gambling companies from foreign claims. Dr Peschel is critical of this legislation, describing it as a problematic intervention under European Union law. He hopes for rapid clarification from the Court of Justice of the European Union to strengthen players’ rights and facilitate refunds.
Dr. Oliver Peschel:
“This law is a highly problematic intervention from the point of view of EU law. Everyone is now hoping that the European Court of Justice (ECJ) will issue a swift and clear ruling that will strengthen players’ rights and pave the way for full refunds.”
EGBA’s call: towards market liberalisation
Current legal complexity and ineffective enforcement have led to growing pressure for reform of Austria’s gambling law. With win2day’s current licence due to expire in 2027, there is an opportunity to modernise the licensing system. Such a reform could also benefit the Austrian state financially, by recovering funds currently directed to foreign tax havens.
The EGBA has also called on Austria to reform its gambling legislation. It is critical of the current monopoly system, describing it as outdated and detrimental to both players and public finances.
Claus Retschitzegger:
“It is essential that political decision-makers act quickly, but also that they involve all the parties concerned – from suppliers to player protection and the government – in the reform process. Only in this way can we create a sustainable and fair solution for the Austrian gambling market. Only a modern and comprehensive reform will enable us to ensure that the Austrian gambling market no longer lags behind EU developments and that players and suppliers can operate in a secure and transparent environment.”