Online Gambling Refund: Austrian Gambler Pursues Bank for Recovery of Lost Winnings
Title: Austrian Gambler Battles Bank Over Stolen Casino Winnings in Landmark Case* Source: Gambling Giraffe* Author: Timothy K.* Published: May 9, 2025* Last Updated: May 12, 2025
Bracing for a Legal Showdown: Online Casino, Austrian Player, and Maltese Bank
In a thrilling twist of events, an Austrian player stands tall against the odds, hunting for €27,000 lost at an illicit online casino operating in Austria. Reports suggest that the casino in question has a Maltese gambling license and is shielded from foreign lawsuits by Malta's controversial Bill No. 55.
While almost nobody disputes the casino's illegal status, Maltese online casinos protected by this notorious law don't necessarily return money lost in illicit transactions. The EU Commission is currently investigating the law, and it prevents companies on the island from being forced to refund losses gained unlawfully.
A New Strategy: Going After the Bank
In a cunning move, the Austrian Supreme Court (OGH) ruled in December 2024 that player losses can indeed be reimbursed in Austria, but the operator of the incorrect online casino seems reluctant to comply. Hoping to bypass the reluctant casino, the player now plans to sue the bank that houses the gambling company's funds.
Thus far, the bank has denied the plaintiff's demand for a voluntary payout. Desperate to give her claim legal teeth, the player is devising a third-party liability lawsuit against the bank. Similar strategies are gaining popularity in Germany, as well.
Legal Grey Area in the EU
The European Court of Justice deliberated on 09. April 2025 about whether foreign online casinos can legally operate in Germany without a German license, as long as they base their operations on the freedom to provide services under Article 56 of the Treaty on the Functioning of the European Union (TFEU). Although this ruling primarily concerns Germany, its implications are likely to affect the entire EU.
The question remains: Do national gambling laws within the EU outrank the legal framework set by the freedom to provide services? Opinions on this matter are still forthcoming, with the final verdicts not due until 10. July 2025. If unsuccessful or delayed, the player intends to demand payout from the European Central Bank (ECB).
Yet, this epic legal struggle may take years to unfold, as experts warn that the verdict could establish a groundbreaking precedent that warrants careful preparation. With Austrian cases only prescribed after 30 years, it seems the patient player is in for the long haul.
Action Speaks Louder Than Words: A Litigation Funding Boost
However, the player may have already received part of the compensation since she has assigned her claim to litigation funder Jufina.
- Citations: [1] T. K., (2025). Compensation Claims in Germany and Austria: EU Court Rulings Awaited. Gambling Giraffe. Retrieved from https://gamblinggiraffe.com/compensation-claims-in-germany-and-austria-eu-court-rulings-awaited/ [2] European Gaming & Media Association, (n.d.). Germany & Austria Gambling Regulations. Retrieved from https://europeangaming.eu/regulations/germany-austria-gambling-regulations/ [3] European Court of Justice, Freedom to provide services. Retrieved from https://curia.europa.eu/juris/liste.jsf?language=EN&text=&query=FREEDOM%20TO%20PROVIDE%20SERVICES%20UNDER%20ARTICLE%2056%20TFEU [4] Malta Gaming Authority, Frequently Asked Questions. Retrieved from https://www.mga.org.mt/faqs/Pages/Frequently-Asked-Questions.aspx
Insights:- European gambling regulations vary across countries such as Germany and Austria, with Germany governed by the Interstate Treaty on Gambling and Austria by the Federal Gambling Act.- Casinos with Maltese gambling licenses can operate in other EU countries but face ongoing legal challenges and regulatory setbacks.- A substantial number of pending compensation claims in Germany and Austria hinge on EU court decisions.
- The Austrian gambler, having lost €27,000 at an illicit online casino, is fighting a Maltese bank to recover the funds, overcoming Malta's controversial law that protects online casinos.
- The bank, which houses the gambling company's funds, has declined the plaintiff's demand for a voluntary payout, prompting the player to initiate a third-party liability lawsuit.
- In a landmark case, the European Court of Justice is weighing in on the legality of foreign online casinos operating in Germany without a German license, with the potential impact on EU gambling regulations.
- The EU Court of Justice is deliberating whether national gambling laws within the EU outrank the legal framework set by the freedom to provide services under Article 56 of the Treaty on the Functioning of the European Union (TFEU).
- This legal struggle may take years to unfold, as the verdict could establish a groundbreaking precedent that warrants careful preparation.
- Despite the ongoing legal battles, the Austrian player might have already received part of the compensation, as she has assigned her claim to litigation funder Jufina.
- The interplay between gambling, finance, banking-and-insurance, and policy-and-legislation, as well as the ongoing debates in politics and general news, adds complexity to the gaming industry and education-and-self-development efforts.
- Despite the controversies, the casino-and-gambling sector shows promising growth trends, with the rise of casino-games, lotteries, and other online gaming platforms shaping the future of this remarkable industry.
