The European Court of Justice (ECJ) is currently dealing with case C-440/23, which could fundamentally reshape the legal framework for players and operators in the online gambling market. At stake is the question of whether German players who lost money in illegal online casinos can reclaim their losses – and whether such claims could be considered an abuse of rights.

Background: Triggered by a Maltese Court

The case originated from a preliminary ruling request by a Maltese court in 2023. The dispute centers on whether operators licensed in EU member states such as Malta could legally offer their services in Germany without a German license – and whether players are entitled to reclaim their losses.

The German Federal Court of Justice (BGH) suspended a related proceeding in early 2024, awaiting clarification from the ECJ. Central to the case is the interpretation of the German Interstate Gambling Treaty (GlüStV 2012) and its compatibility with EU law.

Advocate General’s Opinion

On 4 September 2025, Advocate General Nicholas Emiliou delivered his opinion in Luxembourg. While not binding, such opinions often provide strong guidance to the judges and are followed in many cases.

The Advocate General made it clear that claims for refunds by players should not, in principle, be considered abusive. This assessment has raised hopes among thousands of potential claimants in Germany that they may recover losses from illegal online casino operators. For the industry, however, this represents significant legal uncertainty: if the judges adopt the Advocate General’s reasoning, operators could face a wave of refund claims.

Significance for Players and Operators

For players, the case opens the door to reclaiming losses, even years after they were incurred. For operators, a judgment in favor of players could trigger not only substantial financial risks but also fundamental changes to their business models. The case therefore carries major significance for the entire European gambling industry.

Official Sources and Further Information

The case C-440/23 – European Lotto and Betting and Deutsche Lotto- und Sportwetten is officially documented in the Official Journal of the EU (EUR-Lex )

Quelle: ISA-Guide Redaktion