Prize-claiming interloper diminishes lottery victor's fortune, legal representative petitions for complete award to second lottery victor.
Lawyer Jobst Ehrentraut's Client Slams Lottohelden Over Slashed Jackpot Win
By Timm Schaffner, Edited by Angela Burke, Published on: 03.03.2025. Updated on: 29.04.2025.
Lottery winner Sara (pseudonym), represented by Attorney Jobst Ehrentraut, has taken issue with online lottery provider Lottohelden after receiving only half of her winnings following a victory in the Austrian lottery '6 aus 45' on December 15, 2024.
Jackpot Chopped by Lottohelden's Terms
Sara won the jackpot, walking away with an expectation of a cool 1.2 million euros. However, she was only paid out 600,000 euros, according to her attorney's LinkedIn post. This apparent discrepancy, Ehrentraut alleges, can be traced back to Lottohelden's terms, specifically the so-called '1-rule.'
The '1-rule' allows Lottohelden to add another winner to a given prize class, thus reducing the payout percentage to 50%. Ehrentraut believes this maneuver leads to a distribution of winnings that is not in line with official quotas and is "highly surprising" for players and likely unenforceable under German law (ยง 307 BGB).
Lottohelden CEO Stands Ground, Invokes Primary Lottery Connections
Responding to Ehrentraut's post on LinkedIn, Lottohelden CEO Magnus von Zitzewitz refuted the attorney's claims, alleging his lack of understanding of the facts. According to von Zitzewitz, winning amounts in secondary lotteries are based on primary lottery results.
On December 15, 2024, there was a jackpot winner in the primary lottery. As such, if Sara had participated in the primary lottery instead of the secondary one, she would have only received half of the jackpot. Von Zitzweitz argues that participation in a secondary lottery is a bet on the primary lottery's quotas, making the reduced payout appear reasonable.
Unclear Legal Landscape for Secondary Lotteries Continues
Participation in secondary lotteries remains frowned upon and considered a form of illegal gambling in Germany, with consumer centers urging caution. Providers, including Lottohelden, argue they can legally operate on the German market owing to the EU's freedom of services. Ongoing cases before the Federal Court of Justice (BGH) and the European Court of Justice (ECJ) are expected to provide clarity.
In an example of the unclear legal landscape, a 39-year-old woman won 106,000 euros in a secondary lottery last year and was allowed to keep her winnings, and the proceedings against her were dropped.
Lottohelden Eyes Legal Market Entry
In another comment, von Zitzewitz revealed Lottohelden's plans to launch as a lotto broker. The independent division, led by von Zitzewitz, will operate separately from the division offering secondary lotteries. Lottohelden will primarily mediate players to primary lotteries, rather than hosting secondary lotteries.
This new business model, von Zitzewitz explains, will allow Lottohelden compliant operation within German regulations. Lottohelden operates under the umbrella of Lottoland Deutschland GmbH, which holds a license for commercial gaming mediation with the Joint Gaming Authority of the States (GGL). Whether the application of the '1-rule' is lawful remains uncertain, as it is unclear whether adding a winner to reduce individual payouts is an arbitrary decision.
Sara's legal battle with Lottohelden is expected to shed light on the validity of Lottohelden's terms and conditions, and the overall legitimacy of secondary lotteries in Germany.
- Attorney Jobst Ehrentraut's client, Sara, accused Lottohelden of reducing her winnings in the Austrian '6 aus 45' lottery, claiming it was unjust and potentially unenforceable under German law.
- Lottohelden CEO Magnus von Zitzewitz defended the company, stating that winnings in secondary lotteries were based on primary lottery results, and the reduced payout was reasonable given a jackpot winner in the primary lottery on the same day.
- The controversy surrounding Sara's case highlights the unclear legal landscape for secondary lotteries in Germany, with ongoing cases before the Federal Court of Justice (BGH) and the European Court of Justice (ECJ) expected to provide clarity.
- Lottohelden has plans to enter the legal market as a lotto broker, operating separate from its division offering secondary lotteries, which are currently considered a form of illegal gambling in Germany.
- In a seemingly related development, a 39-year-old woman won 106,000 euros in a secondary lottery last year and was allowed to keep her winnings, with the proceedings against her dropped.
- The ongoing legal battle between Sara and Lottohelden could potentially shed light on the validity of Lottohelden's terms and conditions and the overall legitimacy of secondary lotteries in Germany, contributing to the broader discussion on gambling trends and casino-culture.
- The case also raises questions about crime and justice in the casino-and-gambling industry, with concerns about unpunished violations of general-news laws and the potential for further incidents if rules remain unclear.
