According to the State Treaty on Gambling, the organization and organization of public gambling on the Internet was prohibited in Germany altogether. However, online casino operators have also made their online gambling easily accessible to players in Germany via German-language websites. “Having violated the State Treaty’s prohibition on gambling, the concluded gaming contracts are void. This means that players can seek reimbursement of losses,” says lawyer István Cocron, CLLB Rechtsanwälte, who recovered money for many players.
In the case before LG Hamburg, the plaintiff had engaged in online gambling via a German-language website between January and August 2019 and had lost around €37,400 in the process. It was only later that he found out from the Gambling Addiction Association that online gambling was banned in Germany at the time. He then demanded reimbursement of his losses from the defendant operator of the online casino.
The lawsuit was successful. The prohibition of public gambling on the Internet under Article 4(4) of the State Convention on Gambling serves to protect players from the particular risks of online gambling, which arise, inter alia other, from the easy accessibility combined with the high probability of a leak. Since the defendant has deliberately violated this rule and disregarded the prohibition of pursuing profit, he is required to pay damages. The Hamburg Regional Court decided that the plaintiff was therefore entitled to compensation for the damage suffered.
The rules for online gambling were relaxed on 1 July 2021. “However, this does not apply retroactively and a valid license in Germany is still mandatory for the public offering of gambling on the internet. Therefore, players still have a good chance of recovering their losses,” said Cocron lawyer.
CLLB Rechtsanwälte Cocron, Liebl, Leitz, Braun, Kainz Partnerschaft mbB
CLLB Rechtsanwälte stands for outstanding expertise in the field of civil procedural law. The successful development and implementation of a targeted litigation strategy is not only a decisive factor in large-scale proceedings involving several hundred victims. Individual proceedings, even complex ones, above all with an international reference, can be managed in an optimal way only through the use of specific experiences and in-depth technical-legal knowledge. Our lawyers have many years of experience before courts throughout Germany. The CLLB Rechtsanwälte law firm was founded in Munich in 2004 and was able to establish itself after a short time thanks to numerous successes in sensational proceedings. The expansion of the representative office with the opening of another location in the federal capital Berlin in 2007 was therefore almost inevitable. With Alexander Kainz in 2008 and Thomas Sittner in 2017, Henning Leitz and Franz Braun, whose initials stand for the brand “CLLB”, are two further partners responsible for customer success. Thirteen CLLB attorneys now represent their clients’ legal interests. They are mainly active on the plaintiff’s side and assert claims for damages on their behalf. Simply put, this means: we can sue.
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