EU Court to Review Legality of Player Loss Claims in Cross-Border Gambling Disputes

German Case Against Lottoland Reaches CJEU

A case brought by a German player against Malta-based operator Lottoland has reached the CJEU in Luxembourg. The lawsuit, filed in 2021, alleges that the player was able to access Lottoland’s gambling services in Germany despite the company not holding a local license. Lawyer Volker Ramge later took over the claim, expanding its scope to represent other German customers against additional Malta-based operators accused of offering services without the necessary national approvals.

The core issue under review is whether Germany’s 2012 Interstate Treaty on Gambling is consistent with European Union law. The defendants have asked the European court to examine the legality of applying national restrictions in a cross-border digital environment. An opinion from the Advocate General is expected on July 10.

A Growing Trend of Legal Challenges

The Lottoland lawsuit is part of a wider trend in Germany and Austria, where over 20,000 similar cases have been filed in recent years. Players are increasingly challenging gambling operators over losses incurred on platforms that did not hold domestic licenses at the time of use. One of the most notable consequences of this legal pressure was Bet-at-home’s withdrawal from the Austrian market in 2021.

Four of these player claims, including one against bookmaker Tipico, are now under consideration by the CJEU. These cases collectively raise broader questions about whether national licensing frameworks align with the European Union’s principles of market freedom and mutual recognition.

Malta’s Position and Bill 55 Controversy

Malta, home to many online gambling companies, introduced legislation in 2023 known as Bill 55. The law allows Maltese courts to refuse enforcement of foreign civil judgments related to gambling, a move intended to protect Malta-licensed operators from legal claims filed abroad.

The Malta Gaming Authority (MGA) described the bill as essential to uphold the integrity of the country’s regulatory regime and protect it from legal challenges that could undermine Europe’s single market. However, the legislation has drawn criticism from several EU member states.

Germany’s federal gambling regulator, the Gemeinsame Glücksspielbehörde der Länder (GGL), has argued that the law conflicts with EU rules, particularly those concerning cross-border enforcement and consumer rights.

Source: Focusgn.com