Bwin has to reimburse game losses

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Maximilian Deininger March 24, 2021

Due to a lack of American license, “Bwin” has to repay a former customer’s loss of game. This is the judgment of the Gießen Regional Court. The gaming operator and his parent company “Entain” are now encouraged to reimburse the complaining ex-customers a sum of 12,000 $ . The outcome of the court hearing is the result of the non -transparent gambling law in USA and, afterwards, could start a wave of lawsuits for unauthorized gambling.

Although Bwin has an official license from the Maltese gambling authority MGA, the Gießen district court classified the range of games in USA as unlawful. ((© ️lukaszpassio / pixabay)

Gambling law as the basis for lawsuit

According to the current legal situation, online casinos may only operate with a valid national license on the American gambling market. Concessions of other countries are to be classified as illegal according to the legal framework of the Federal RepublicEven if many operators of online casinos and platforms that offer sports betting have recently cited the counter argument of European legislation. This provides for freedom of competition and service. However, numerous courts have always denied this argumentation structure in recent years.

Even in the most recent process between Bwin and a former customer of the group, the district court of Gießen was confronted with the applicable freedom of service in the area of the European Union, but, like many other dishes, displaced this exploration. The reason for the current ban on online gambling on American soil was cited, not by the powers of the responsible administrative courts, the Federal Constitutional Court or the European Court of Justice can be tipped.

No fault at Bwin? A spokesman for BWIN emphasized against the NDR that the civil law procedure with the ex-customer is not the consequence of one’s own actions from the company’s perspective. The legal requirements that the federal and state governments have decided until the new State Treaty came into force in July.

Reimbursement of 12,000 $

Bwin’s business practices are based in this country on a gambling license from the Maltese gambling authority “Malta Gaming Authority”, which is recognized and renowned across Europe. That However, American law classes online casinos with such a license as illegalwhich ultimately led to a judgment in favor of the plaintiff. Its lawyer had argued that Bwin’s casino offer was banned in the Federal Republic and his client unknowingly illegal glumpy plache fell victim to.

The district court of Gießen followed this reasoning and indicated that the Valid Gaming State Treaty protect the players from this form of gambling target. Accordingly, Bwin was sentenced to reimburse the loss of game of 12,000 $ . In addition, the parent company of the gaming group must bear the total costs of the court process.

Possible appeal The judgment of the regional court is not yet final, which still leaves open the final outcome of the procedure. According to the Tagesschau, Bwin and Entain should have the opportunity to appeal before the Frankfurt Higher Regional Court.

Is there a wave of lawsuits?

The process output could not only become a debacle for Bwin and Entain, the final judgment also becomes trend-setting for other operators of online casinos. If other courts follow the Gießen district court, a wave of lawsuits threatens, the proportions of which can only be guessed. Customers and players would be able the most recent judgment to be preceded as a precedent in order to reclaim losses of their gambling activities. The administrative and state courts throughout the Federal Republic would be largely powerless against this wave of lawsuits.

The general public will only experience whether and how this causa will continue in April. Nevertheless, the judgment of the Gießen Regional Court could soften the otherwise passive attitude of the online casinos. To date, the industry’s administrative and criminal prosecution has not been able to handle little, since the legal framework of a gray area is like the law into which the judiciary did not want to venture into it. This could change in view of the impending precedent. So the NDR and the SZ want to have learned that currently preparing a similar complaint nationwide. Several law firms would already specialize in taking over these types of legal disputes. Even some start-ups are aware of the scope of the judgment and offer to handle legal disputes with casinos against commission.

Online casinos under pressure If there is actually a wave of action, it will be expensive for the industry. The individual operators are aware of this. According to the NDR and SZ, the gaming market would already react to the potential mischief. Individual companies from the industry would have recently laid their ongoing legal disputes with former customers by comparison. Most of the time, there is said to have been a confidentiality obligation in the room, which should also be accompanied by partial reimbursement of the losses of game and the transfer of the process costs.