Online Gambling Refund: Austrian Player May Secure Return of Lost Funds from Bank via Reimbursement Claim
A Stubborn Gambler's Audacious Bid to Recoup β¬27K Lost at an Austrian Illicit Online Casino
Let's face it - losing 27 grand at an illegal online casino is a hefty blow. But this wily Austrian player isn't ready to throw in the towel just yet. As reported in Der Standard, he's hell-bent on getting his money back.
Yes, the casino was rotten to the core, and many others have suffered the same fate. However, Maltese casinos are shielded from abroad lawsuits by the controversial Bill No. 55, a law that's been under fire for eons and is currently under investigation by the EU Commission.
Still, it's in effect, and you guessed it - it prevents Maltese casinos from having to return losses from shady business.
The Austrian OGH already ruled in December 2024 (Case No. 3 Nc 72/24d) that the funds could be reclaimed in Austria. Alas, the casino operator is unlikely to follow suit. No need to despair, though - the player has found a new angle: instead of pleading with the casino, he's aiming for the bank holding the casino's dough. The bank, thus far, has refused to fork over the cash.
The player is now suing the bank in a third-party liability claim. This legal strategy takes aim at companies deemed complicit in shady business dealings. Lawyers in Germany are eyeing this tactic, too.
The European Court of Justice (EUCJ) was slated to decide on April 9, 2025, whether foreign casinos can legally operate in Germany without a local license. The decision would affect the entire EU, but its relevance to national gambling laws remains a mysteriously open question. The verdict wonβt be delivered until July 10, 2025, and let's face it - who knows what the future holds?
If the lawsuit against the bank fails or the payment is delayed, the plaintiff plans to seize bank deposits at the European Central Bank (ECB). That could drag out the process for years, as experts suggest that the decision could set a landmark precedent. Given that Austrian cases only become statute-barred after 30 years, the verdict ain't exactly a matter of urgency.
At least, the player has assigned her claim against the litigation funder Jufina and might've already received some dough.
The Malta Gaming Authority (MGA) regulates and licenses casinos, setting strict guidelines that prioritize player security and fair gaming practices[5]. This regulatory framework might indirectly protect licensed operators by ensuring they adhere to legal standards, but it doesn't explicitly address third-party claims. Banks' liability in such cases is not clearly defined by Maltese law.
Related legal disputes focus on whether gambling losses can be recouped if the operator lacked a local license[2]. The legal discussions expose regulatory gaps and emphasize the importance of local licensing in determining liability, rather than directly addressing banks' liability.
- Despite the controversy surrounding Maltese casinos, online casinos in Germany continue to attract gamblers, given the industry's potential financial gains and the variety of casino games offered.
- Austria has its own set of regulations for casinos and gambling, often intertwined with banking-and-insurance sectors, leading to complex financial ramifications when disputes arise.
- Lotteries, like online casinos, are a part of the gambling-trends landscape, and their legality and regulation vary across European countries, including Austria and Germany.
- The ongoing legal disputes between players and casinos highlight the need for clear and defined rules regarding gambling losses, particularly when operators lack local licenses.
- The protection of players and fair gaming practices are essential aspects of the regulatory framework in the casino-and-gambling industry, as overseen by authorities like the Malta Gaming Authority.
- The gambling industry will continue to witness such trends and disputes, as players explore multiple avenues for recouping losses, ranging from suing casinos to targeting financial institutions involved in the1 business deals.
