The future of hundreds of disputes relating to gambling losses in Germany remains uncertain. On 5 September, an opinion delivered by the Advocate General of the Court of Justice of the European Union (CJEU) recognised the validity of certain actions against online gambling operators, but did not settle the central question: the compatibility of the German gambling treaty with EU law.
An expected opinion, but persistent grey areas
It all started with a case brought before the CJEU by a civil court in Malta last April (Case C-440/23). The Maltese judge asked the Court about the legality of contracts concluded between German players and operators holding a Maltese licence but not authorised in Germany.
In his opinion, the Advocate General ruled that such remedies were not an abuse of European law. In other words, a player can validly claim restitution of his losses from an operator without a national licence. But the opinion did not clarify whether the total ban on online gambling provided for in the former German treaty was compatible with EU law.
The interpretation of European judges
In detail, the Advocate General confirmed that national courts are entitled to verify whether the legislation of another Member State complies with European law. This principle could have a major impact, as it opens the door to a re-evaluation of German gambling legislation by local courts.
Another question raised by the Maltese court concerned the proportionality of prohibitions: is it legitimate for a national market, such as Germany, to prohibit access to operators holding a licence issued in another EU Member State, such as Malta? The opinion did not provide a definitive answer on this point either.
All eyes on the Tipico case
All eyes are now on another major case: case C-530/24, between Tipico and the Bundesgerichtshof (BGH), the German Federal Court of Justice. This case, referred to the CJEU in May, will be heard on 24 September. Unlike the Maltese case, this time the issue is not casinos or lotteries, but sports betting.
In the meantime, the online gambling industry remains on hold pending European decisions. For operators, the lack of legal clarity maintains a considerable financial and legal risk. For players, the hope of being reimbursed for their losses remains very real, but still depends on a firm decision by the Court.