A few mouse clicks are enough to play at an online casino. Advertising promises winnings and free games, and it is easy to lose large sums in the process. Many of these providers are not permitted to operate their offering lawfully in Austria at all. This is precisely what opens up a legal opportunity for affected persons.
The legal situation in Austria
Austria has a gambling monopoly. Online casino games may only be offered by a licensed provider, which in Austria is the Österreichische Lotterien with its win2day offering. All other online casinos generally operate without an Austrian licence. The gaming contracts concluded with them are not binding under civil law, and losses that have been incurred can be reclaimed.
The Court of Justice of the European Union (CJEU) has confirmed the permissibility of the Austrian model in the past. A licence from another EU country, for example from Malta, does not replace the Austrian licence. Austrian courts regularly decide cases against such providers in favour of the affected persons. An out-of-court settlement sometimes makes a court case unnecessary altogether.
Who can reclaim losses
In principle, any person can reclaim their losses from a provider without an Austrian licence, provided the losses were incurred in Austria. Depending on the circumstances of the case, claims can reach back up to 30 years, provided the provider has not become insolvent in the meantime. Whether a lawsuit makes sense depends on the amount of the losses and on the individual case. This is exactly what we clarify in the free initial assessment.
What you should pay attention to
A list of the total losses that is as complete as possible is helpful. Such a record can often be requested from the operator. Losses with several providers should all be taken into account. With the litigation funder, it should be clear in what amount and when the fee is due.
At R. M. Prozessfinanzierung GmbH, the assessment is free of charge. The proceedings are conducted by cooperating lawyers. In the event of success, we retain from 35 percent of the amount obtained, and the remaining amount is paid out to you. You can read more about this on the page Online casino and gambling.