The Austrian Supreme Court has issued a surprising ruling that allows an unlicensed gambling operator to reclaim winnings. This case is one of the most unusual in Europe, as noted by various industry sources.
Similar cases usually result in courts ordering illegal operators to repay players’ winnings. However, Austria has taken a different stance.
Austrian Courts Partially Favor Unlicensed Operator in Dispute with Player
The case involves a Malta-based operator that offered gambling services to Austrian players without a license. The Supreme Court ruled in favor of the operator, claiming the market was illegal when the player gambled. The player won €7,152.71 between May and July 2020. The player must now repay the operator.
However, the player is not required to return the full amount. Instead, they will pay €626.60 to cover the operator’s legal fees.
This decision is surprising because the operator admitted to operating without a license in Austria. Operating without a license is illegal. This contrasts with countries like the Netherlands, where unregulated operators face stiff penalties. The Supreme Court’s ruling warns local players about the risks of engaging in offshore or unlicensed gambling.
Backing the Player Could Spark a Legal Battle Over Gambling Addiction
The court further explained that allowing players to recover losses from unregulated gambling could increase the risk of addiction. The court argued that either party—player or operator—can contest the “contract” of unregulated gambling. Both had acted illegally, the court specified. The player has 14 days to comply with the court’s order.
In a related incident, an Austrian court previously ordered Valve to repay €14,000. This amount was spent on loot boxes in Counter-Strike, a popular video game.
