Courts in Austria and Germany regularly rule that players can reclaim their losses from providers without a national licence. However, a legally binding judgment is not always the end of the road. For a provider based at an offshore location abroad, the real challenge only begins.
Why Enforcement Can Be Difficult
Some locations are a special case both legally and economically. Loose regulation makes them attractive for operators and a hurdle for creditors. Actual enforcement, meaning the collection of the awarded money, is hard to achieve there. Some operators use nested corporate structures and legal delays to avoid payment, and relocate their registered office further afield when needed.
Insolvency Application as a Means of Pressure
An insolvency application is often the most effective means of increasing pressure.
Ing. Ronald Mechtler, Managing Director of R. M. Prozessfinanzierung GmbH
The interest on the claim continues to grow over time. For affected persons this is small comfort given the long waiting times, but it increases the economic pressure on the provider.
Why Litigation Funding Is Particularly Helpful Here
Precisely because the path is long and demanding, litigation funding also enables affected persons in a weaker financial position to enforce their claims. The costs for cooperating lawyers and proceedings are covered. A share is only due upon a successful reclaim: in the event of success, R. M. Prozessfinanzierung GmbH retains from 35 percent of the amount obtained, and the remaining amount is paid out to you.
Conclusion
The situation is demanding, but not hopeless. Anyone taking action against an online casino abroad needs patience and professional support that bears the cost risk. Every enforced claim increases the pressure on providers to comply with applicable law.
More on this on the page Online Casino and Gambling.