A wave of uncertainty is sweeping through the world of online gambling in the Netherlands. Players who gambled — and lost — before online gambling was legalised are seeking to recover their losses. But the outcome of these claims now depends on arbitration at the highest level of the Dutch justice system.
A wave of rulings in favour of gamblers
Between 2023 and 2024, several Dutch courts handed down landmark decisions. Judges ruled that contracts between gamblers and unlicensed online casinos were legally non-existent.
As a result, gamblers have been awarded large sums of money: in some cases tens of thousands of euros, in others up to several hundred thousand. For example, two players were awarded the right to a refund after losing nearly €200,000 because the casinos in question did not have a valid licence.
Legal legacy: the position of Piet Hein Donner
This debate is not new. Back in 2005, former Minister of Justice Piet Hein Donner laid down a firm principle: contracts entered into with unlicensed online casinos should be considered automatically void. In his view, the mere fact of offering or entering into a contract in violation of the law was sufficient to render the agreement legally non-existent. This interpretation was based on the legislation in force at the time, without the need to adopt a new law.
In other words, for Donner, an online gambling agreement entered into without authorisation could never produce legally valid effects. This principle, set out in a parliamentary document (30 137, No. 8) in 2005, marked a fundamental milestone in the debate on the legality of online gambling.
Uncertainty remains
However, case law is not consistent. In May 2024, the Breda Regional Court rejected a claim for reimbursement of nearly €100,000, even though the casino in question was operating without a licence. The judges ruled that there was, in fact, political tolerance: in other words, although the activity was illegal, the state had tolerated it. According to the players’ lawyer, this decision is surprising because it diverges from the majority of previous decisions.
Faced with these differences, the courts of Amsterdam and Noord-Holland referred preliminary questions to the Hoge Raad in June 2024, asking it to rule on the fundamental issue: is an online gambling agreement concluded without a licence automatically void?
At the end of November 2025, the Advocate General at the Hoge Raad, S.D. Lindenbergh, delivered his opinion: no. In his view, the absence of a licence is not sufficient to render the contract automatically void. In his opinion, the law aimed to prohibit the operator, not to render the agreements themselves void. For Lindenbergh, the losers could resort to other avenues (error, civil fault, etc.), but all these contracts should not be considered null and void as a whole.
However, this opinion, influential as it may be, is not binding. The final decision rests with the Hoge Raad. Until it rules, hundreds — even thousands — of claims remain pending.
If the Hoge Raad follows the Advocate General’s opinion, unlicensed casinos may escape collective liability, and the hopes of thousands of defrauded players would be dashed. For the casinos, this would be a major relief; for the players, a disappointment. Conversely, if the Court rules that the absence of a licence renders the contracts null and void, the players could be compensated en masse. Colossal sums of money could resurface.
Pending a crucial verdict
In 2025, the long-awaited turning point in the case of illegal online gambling contracts finally arrives. The Advocate General’s opinion does not yet offer a definitive solution. But it highlights the moral, financial and legal issues at stake in an area that has long been left on the fringes of regulation.
For hundreds of thousands of players who lost heavily before legalisation, hope remains. But only the decision of the Hoge Raad can remove the uncertainty, rule on the liability of operators and, perhaps, allow a return on investment — or, at least, a moral return.