Legal challenge against Dutch gambling companies: group seeks compensation for incurred losses
Multiple Lawsuits Filed Against Dutch Gambling Operators
The group Gambling Loss Recovery has initiated a group action lawsuit against numerous legally operating gambling platforms in the Netherlands, according to the industry publication iGaming Business.
The basis for this group action lies in the fact that various gambling companies were already active on the Dutch market prior to October 2021, serving hundreds of thousands of customers. However, there were no legal online licenses available prior to October 2021, making these contracts null and void.
Should Operators Return Player Funds?
Precedents set in the Netherlands have already resulted in refunds for customers. Two undisclosed operators have refunded their customers up to 200,000 euros.
Koen Rutten, a lawyer from the firm Finch representing Gambling Loss Recovery, has explained that a group action is an effective method to represent players' interests as effectively as possible. The legal team is prepared for a potentially lengthy process involving multiple court hearings.
Dutch companies like Unibet, Bwin, PokerStars, and Bet365 have been named as defendants in the lawsuit. However, Bet365 has publicly stated it was not active in the Dutch market prior to October 2021.
Similarities to German Cases
Similar lawsuits are taking place in Germany, with similar arguments and objectives. So far, though, only lower court rulings have been handed down, with parties often settling before reaching a decision by the Federal Court of Justice (BGH). Many players have received refunds through this settlement process.
In the dispute between bookmaker Tipico and financial service provider Gamesright, no settlement could be reached, leading the BGH to set a precedent-setting decision. However, the BGH was unable to deliver this decision due to the involvement of European law and has passed the case on to the European Court of Justice (ECJ). The ECJ now has to decide if the lawsuit contradicts EU law.
ECJ Decision Could Impact Dutch Cases
Many German and Dutch gambling providers have relied on the freedom to provide services within the EU during the pre-license phase. They believed that their legal licenses from EU countries, such as Malta, were valid for providing gambling services across all EU countries.
If the ECJ issues a landmark ruling and sides with the gambling providers, it could significantly impact the outcome of the proceedings in the Netherlands and related lawsuits in Germany. At this point, the likely outcome of these proceedings remains uncertain.
Despite the ongoing legal battles in the Netherlands, discussions about online casinos in Germany are also heating up. Many German players have filed lawsuits against popular online casinos operating in Germany, such as those listed as defendants in the Dutch cases, like Unibet, Bwin, PokerStars, and others. These German players argue that these casinos were illegally operating in their country before obtaining the necessary licenses. If successful, these lawsuits could result in significant refunds for affected German players.
Read also:
- Leverkusen claims victory in the cup, securing a double triumph.
- Alonso achieves a double victory after consuming a German brew.
- Does the SVolt factory in Saarland face stability issues?
- Furor surrounding Sylt scandal footage