Curaçao court overturns $123K gambling liability ruling in landmark appeal
A Curaçao appeals court has overturned a ruling that held Gaming Services Provider (GSP) responsible for $123,000 in unpaid player winnings from topbet.eu. The case centred on whether GSP remained liable after its contract with the online casino operator expired in November 2017.
The decision clarifies the limits of liability for former master licensees under Curaçao's outdated gambling regulations, which have since been reformed.
The dispute began when a player claimed unpaid winnings from topbet.eu, arguing that GSP should cover the losses. A lower court initially ruled in the player's favour, holding GSP accountable for the debts. However, the appeals court found no legal basis for this decision.
Under the Offshore Hazard Games Ordinance 1993 (NOOGH), master licensees like GSP were required to enforce AML and CFT policies, conduct technical audits, and report security issues. But the law did not obligate them to monitor sublicensees after contracts ended. The court also dismissed claims that GSP violated residency rules, as these applied only to master licensees—not sublicensees.
The player's case weakened further due to insufficient evidence proving when the winnings were earned. The appeals court also noted that topbet.eu no longer displayed GSP's license after November 2017, reinforcing that the operator acted independently. As a result, the court ordered the player to cover GSP's legal costs.
This ruling follows Curaçao's 2017 gambling reforms, which replaced the NOOGH framework with the LOK system, ending the master-license model entirely.
The case highlights the legal gaps in the old regulations, which no longer apply under current law.
The appeals court's decision absolves GSP of any financial responsibility for the player's unpaid winnings. It also confirms that former master licensees had no duty to oversee sublicensees once agreements terminated.
The ruling sets a precedent for similar disputes under Curaçao's pre-2017 gambling laws, though the current LOK framework now governs licensing and oversight.
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