CJEU strengthens the rights of affected players

A decision of the CJEU concerns a question that occupies many affected persons: what applies when the online provider had no Austrian licence and has also become insolvent?

The underlying case

A player from Austria had lost money with an online provider based in Malta. The provider held no Austrian licence, so the offering was not permitted in Austria. Before the player could reclaim his money, the company entered insolvency. He then held the managing directors personally liable for damages.

The core findings

• Jurisdiction at the place of residence: The damage arises where the playing person lives and plays. The courts of the home country are therefore competent.
• Applicable law: Where a provider operates without a national licence, the law of the country in which the playing person resides applies. In Austria, this results in the gaming contracts being void.
• Liability of the managing directors: Where national law provides for personal liability in the case of unlawful gambling, this also applies across borders within the EU.

What this means

A licence from another EU country does not replace the Austrian licence. A company based in another EU country is not a shield against legal action. Even when the company is insolvent, the route via the personal liability of those responsible can remain open.

Whether a reclaim is possible in your case depends on the specific provider and on the individual case. The assessment is free of charge. In the event of success, R. M. Prozessfinanzierung GmbH retains from 35 percent of the amount won, and the remaining amount is paid out to you. More on this on the page Online casino and gambling.