CLLB Rechtsanwälte recovers money from online casino – judgment of LG Schwerin
Munich, 27.12.2022. A player had wagered almost 70,000 euros in online gambling and online sports betting. Now a big burden has been lifted from his heart, because CLLB Rechtsanwälte has recovered the money for him from the Schwerin district court. Since the operator of the online casino violated the prohibition of online gambling by the State Treaty on Gambling with its offer, it had no legal claim to the money and had to compensate almost completely for the loss, it established the LG Schwerin on December 22, 2022 .
Until July 1, 2021, a far-reaching ban on online gambling was in effect in Germany. Online sports betting has also fallen under the global ban. They were permitted only in exceptional cases when the federal states had issued the necessary license for them. But even without a valid license in Germany, many providers have made their online gambling and online sports betting easily accessible to players in Germany as well. “Because they have violated the State Treaty prohibition on gambling, the contracts are void and the players can claim their money back,” says lawyer István Cocron, who has already recovered money from online casinos for many players.
In the present case, CLLB’s client Rechtsanwälte participated in online casino games and online sports betting between September 2019 and February 2021 via a German-language website of the defendant and lost approximately EUR 69,200 in the process. The actor had also previously participated in online gambling and in 2014 a self-exclusion was entered for him in the OASIS gambler gambling system. Despite the ban, he was able to participate in the accused’s online gambling. It wasn’t until early 2021 that he discovered the defendant’s offer was illegal. “We then claimed the loss from the online gambling provider,” said lawyer Cocron.
The lawsuit was successful. The organization and organization of public gambling on the Internet was prohibited under Article 4(4) of the State Treaty on Gambling. The defendant violated this prohibition. The LG Schwerin ruled that the concluded gambling contracts were therefore void and the defendant had to reimburse the plaintiff in full for the loss of him. The court further clarified that the concluded sports bets are also void within the meaning of § 21(5) GlüStV, as the defendant did not have the required licence.
Even the fact that the plaintiff took part in prohibited gambling does not preclude his claim for reimbursement. According to the court, it was not evident that he was aware of the illegality.
“On July 1, 2021, the ban on online gambling was eased slightly. However, a valid license is required for the public offering of gambling or sports betting on the Internet. Otherwise, the offer is illegal and the players can claim reimbursement of their losses,” said lawyer Cocron.
More information: https://www.onlinecasino-geld-zurueck.de/
Press contact: Lawyer István Cocron, CLLB Rechtsanwälte Cocron, Liebl, Leitz, Braun, Kainz, Sittner Partnerschaftsgesellschaft mbB, Liebigstr. 21, 80538 Munich, telephone: 089 552 999 50, fax: 089 552 999 90; Email: cocron@cllb.de Web: www.cllb.de
