Numerous proceedings concerning lost stakes in online gambling are pending. In case C-440/23, the Advocate General at the Court of Justice of the European Union delivered his Opinion on 4 September 2025.
What the case is about
The question is whether players can reclaim their losses if the provider had a licence in Malta but not in the player’s country. The Advocate General came to the conclusion that a reclaim does not constitute an abuse of rights. The broader question of whether the national gambling ban is compatible with EU law remained open in this case.
Further pending proceedings
Several proceedings deal with related questions, including limits on sports betting, virtual slot machine games and so-called secondary lotteries. Many of these proceedings are suspended or are progressing only slowly. A landmark ruling is therefore not to be expected in the short term.
What affected persons should bear in mind
The duration of the proceedings is no reason to wait. Claims can become time-barred, and the relevant deadlines depend on the individual case. Anyone considering a reclaim should therefore have their own case assessed early.
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 pages Online casino and gambling and Sports betting.
Sources
- CJEU, Case C-440/23, Opinion of the Advocate General (4 September 2025) · Court of Justice of the European Union (CJEU) · C-440/23