CJEU confirms: losses from prohibited online gambling are reclaimable

For over a decade, providers and players have argued about whether lost stakes from online gambling can be reclaimed. On 16 April 2026, the Court of Justice of the European Union (CJEU) created clarity on this question.

What the Court decided

The decision can be summarised in two simple statements:

• A member state may prohibit online casino games in order to steer gambling into orderly channels and to counter the black market. Such a prohibition is compatible with European law.
• Anyone who played and lost with a provider that lacked the necessary licence can reclaim the stakes. The fact that the provider holds a licence from another country, for example from Malta, makes no difference and is no pretext for refusing the repayment.

This removes the most important argument that many providers have used to defend themselves so far. They had claimed that a reclaim was an abuse of rights. The Court sees this differently.

What this means in practice

Many court proceedings were suspended while this fundamental question remained open. Experts expect that they will now be resumed and that courts will decide in favour of those harmed, provided the conditions are met in the individual case.

The decision was issued in a German case. The underlying principle, however, applies everywhere that a provider operated without a national licence. Austria has a gambling monopoly: anyone who offers online casino games without an Austrian licence is not admissible here. Losses with such providers can be reclaimed.

What you can do now

If you have lost money at an online casino without an Austrian licence, an assessment is worthwhile. Claims can become time-barred, so it makes sense not to wait too long. We assess your case free of charge and tell you openly whether a reclaim is realistic. The proceedings are conducted by cooperating lawyers. If successful, R. M. Prozessfinanzierung GmbH retains from 35 percent of the amount obtained, and the remaining amount is paid out to you.

Read more on the page Online casino and gambling.