“Bwin and Premium Customers Seek Repayment for Illegal Online Gambling Losses”

With an annual turnover of more than 3 billion euros, Bwin including Premium is one of the undisputed champions of the gaming industry. But now the provider of online casino games, poker and sports betting is threatened with legal consequences: Since online casinos and sports betting were illegal for a long time, more and more customers are suing Bwin and Premium and are demanding back the money they lost over the last 10 years. In most cases, the courts in Germany agree with customers who are suing: online casino lawsuits are successful in over 90% of cases. With litigation financiers, it is often possible to proceed free of charge from a loss of €10,000 and a commission is only charged if the case is successful.

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Bwin – an opaque company

Bwin and Premium offer a wide range of sports bets. But lovers of online casinos can also get their money’s worth, as Bwin offers an extensive selection of virtual games such as slots, roulette, blackjack, poker and much more. Bwin has its roots in Austria, where it was founded in 1997 by Manfred Bodner and Norbert Teufelberger under the name “betandwin”. Over the past 20 years, the company has enjoyed a triumphant rise in the gaming industry and is now one of the largest sports betting and online casino providers in the world. The corporate network behind the Bwin, Premium, Partypoker and Casinoclub brands is often opaque and has changed over the years. There are numerous operating companies with locations in Gibraltar, Sweden, Malta and on the Isle of Man.

Bwin presents itself to the public as a clean company with a brilliant image. Cooperation with sports clubs and prominent personalities such as Neymar, Michael Ballack or Boris Becker should strengthen trust in Bwin. But behind the glittering facade there is a dark side: Many people have not only lost their savings in sports betting and casino games, but also their economic livelihood – a fate that is rarely discussed in public.

Online casinos illegal – repayment obligation

Hardly any Bwin and Premium customers knew it, but online casinos and sports betting were illegal in Germany for a long time. This means that Bwin and similar companies shouldn’t actually have been allowed to run casinos at all. Online sports betting was banned until October 2020. Now, however, the disregard of these legal regulations has an unpleasant judicial aftermath for Bwin: according to the German Civil Code (BGB), the contract between the customer and the casino is void due to illegality – and in the case of void contracts, the law provides for a repayment of what has been done. Customers can therefore claim back their losses of the last 10 years. The vast majority of German courts have already confirmed this legal opinion: more than 90% of the regional courts and 100% of the higher regional courts (OLG) have ordered online casinos to reimburse losses. Bwin itself suffered its first supreme court defeat before the Frankfurt Higher Regional Court in May 2022. Here you will find all the background to the current judgments.

Attention: sports betting

Online casinos and sports betting are legally classified differently. While online casinos were generally banned, betting providers basically had the opportunity to apply for a license from 2012. Nevertheless, by October 2020 not a single betting provider had received a sports betting license, not even Bwin and Premium. For this reason, lawsuits against online casinos and sports betting should be legally treated equally. Numerous regional courts have taken this view and sentenced betting providers to repayment. However, in January 2023, the Frankfurt Higher Regional Court issued a dismissive judgment, which could have a worrying signal effect for mass damage cases, as other regional courts may follow. Therefore, sports betting currently (as of May 2023) has a worse chance of success than lawsuits against online casinos. Future rulings will show whether sports betting lawsuits can be as successful as online casino lawsuits. Nevertheless, litigation financing from a loss of €50,000 is still possible, while self-payment is currently not recommended. Reclaims can only be made for losses up to October 2020.

Possibilities & process

In order to successfully claim money back from the online casino, a lawsuit must be filed – so nothing can be achieved without a lawyer. Our many years of experience with lawsuits against online casinos and sports betting shows that out-of-court letters of demand are unfortunately completely ineffective. If you want your money back, you have to go to court. Bwin and Premium deliberately complicate the process to discourage customers from claiming back. The procedure is uncomplicated, requires little effort and is not associated with any costs. In our article you will find all the information about the costs, the course of action, the court proceedings and much more.

You can find more information and extensive background information on our Website.