Bank Customer in Austria Seeks Return of Gambling Losses from Financial Institution
Austrian Player Battles for €27,000 Refund from Illegal Online Casino
An Austrian gambler has lost €27,000 in an unlawful online casino based in Austria and is now seeking a refund, as reported by Der Standard.
The illegal status of the online casino, which operates in numerous cases, is undisputed. However, Maltese gambling companies are shielded from foreign lawsuits by the frequently criticized law Bill No. 55. This law, valid since two years ago, is under investigation by the EU Commission but still prevents Maltese online casinos from refunding losses resulting from illegal businesses.
The Austrian Supreme Court (OGH) has already ruled in December 2024, under the case number 3 Nc 72/24d, that such refunds can be enforced in Austria. However, the operator of the online casino in this case is expected to ignore this legal opinion.
In a novel approach, the player is now targeting the bank where the gambling company's funds are held. So far, the bank has refused to release the money voluntarily. The player intends to sue the bank to enforce her claim, a third-party liability action against companies indirectly involved in illegal activities.
The European Court of Justice was due to rule on 09. April 2025, whether foreign online casinos can legally operate in Germany without a German license, relying on the freedom to provide services as stipulated in Article 56 of the Treaty on the Functioning of the European Union (TFEU). Although this relates to Germany, it may have implications across the entire EU, raising questions about the relevance of national gambling laws compared to the freedom to provide services framework.
If the lawsuit against the bank fails or if the payout is delayed, the plaintiff plans to claim bank deposits at the European Central Bank (ECB). However, the lengthy nature of such a legal process and the potential intricacies of setting a precedent could result in the case dragging on for years.
As of the latest publicly available information in May 2025, there is no specific update regarding the Austrian gambler's third-party liability claim against the bank. The fight against illegal gambling, along with connected financial crimes like money laundering and tax evasion, remains a priority in Austria and across the EU.
Additional Background:Austria is actively enforcing laws against illegal gambling, seizing illegal gambling devices, imposing fines, and prosecuting offenders. In 2024, the Austrian Office for Combating Fraud seized 186 illegal gambling machines and pursued fines totaling around 1.9 million euros. Cases involving illegal gambling often involve financial crimes, with banks and financial institutions sometimes under scrutiny for allowing transactions linked to illegal gambling.
What if the casino-and-gambling funds were held by the bank? The plaintiff is planning to sue the bank to enforce her claim, as part of a third-party liability action against companies indirectly involved in illegal activities.
