Tipico's legal team is alleging that Tipico is intentionally postponing the trial, is this claim unfounded or a legitimate argument?
The Contentious Legal Battle Between Tipico and Gamesright Remains Indeterminate
The ongoing dispute between the betting platform Tipico and the company Gamesright is currently in a state of ambiguity. Despite the uncertainty surrounding the final outcome, a legal expert from the law firm Goldenstein has offered an unexpected prediction and voiced his critique towards the gambling sector as a whole.
Goldenstein Law Firm Foresees Tipico's Defeat
In a recent article published in the Frankfurter Rundschau, lawyer Claus Goldenstein suggests that Tipico will suffer a loss in the ongoing lawsuit regarding the repayment of betting stakes:
Tipico is strategically prolonging the legal proceedings to delay as many related lawsuits as possible, hoping that existing cases will expire before being resolved. [...] Tipico is aware of their likely defeat. – Claus Goldenstein, lawyer at the law firm Goldenstein, as quoted in Frankfurter Rundschau**
Goldenstein likened Tipico to the German carmaker VW, which during the 2015 emissions scandal relied on the fact that affected individuals would not pursue legal action, thereby allowing their claims to lapse.
Confidence from Tipico and Gamesright
The financial stakes in the legal dispute between Tipico and Gamesright GmbH, representing a plaintiff who lost €3,719.26 in Tipico's betting platform, might seem modest.
Nonetheless, the outcome of the case is significant for the entire industry, as it might serve as a precedent for lower courts facing similar situations in the future.
The impasse at the Bundesgerichtshof (BGH) has necessitated the European Court of Justice (ECJ) to give a decisive judgment. Both parties, Tipico and Gamesright, have expressed confidence as a result.
What Exactly Does the ECJ Need to Decide?
The Bundesgerichtshof (BGH) had previously issued a comprehensive 25-page advisory opinion in April 2024, suggesting that sports betting providers should refund the profits derived from the unregulated period (translated as the players' losses).
The sports betting providers, conversely, point to the freedom to offer services within the EU and accuse the German state of neglecting to grant a license for online gambling despite notably intense efforts during the relevant period. They argue that this constitutes a violation of Union law.
The sports betting providers appear optimistic, as the ECJ had previously ruled in 2016 that prosecuting foreign bookmakers was unlawful, based on the same reasoning—the failure to grant a gambling license.
Possibility of Counterattacks from Bookmakers
If the ECJ sides with Tipico & Co, these companies may choose to counterattack. In Austria, the gambling provider Bet365 has instigated legal action against a player to reclaim their winnings. Ultimately, the woman only had to repay €626.60.
Regardless of the ECJ's verdict, the possibility of the sued bookmakers in Germany launching retaliatory lawsuits against successful players cannot be ruled out.
Despite the Legal Expert's Prediction, Tipico Continues to Prolong the Legal Battle
Lawyer Claus Goldenstein's prediction of Tipico's likely defeat in the legal dispute with Gamesright has not deterred the betting platform from strategically prolonging the court proceedings.
Both Parties Express Confidence Regardless of ECJ's Decision
Despite the significant implications of the case for the entire industry and the potential for a precedent, both Tipico and Gamesright have expressed confidence in their positions ahead of the European Court of Justice's ruling.
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