Online casinos, and similar forms of gambling have been widespread for many years – and often come with a considerable risk of addiction. What many players do not realise is that for a long time, even large and well-known providers operated in Germany without a valid licence. Under Section 4 (4) of the former State Treaty on Gambling (Glücksspielstaatsvertrag, GlüStV), the offering and mediation of online gambling was expressly prohibited. Only with the entry into force of the new State Treaty on Gambling (GlüStV 2021) in July 2021 did providers have the opportunity to obtain an official German licence for their online gambling activities. This development raises an important question: What does this mean for players who lost money to such platforms before the law changed? Can they get their losses back? According to a ruling by the Federal Court of Justice (BGH) dated on the 27th of June 2024 (Case No. I ZR 90/23), the answer is yes – under certain conditions, players can reclaim their losses from operators who offered gambling services without a valid German licence. The Court held that gambling contracts entered into violation of statutory prohibitions are void under Section 134 of the German Civil Code (BGB). This means that payments made in connection with illegal gambling lack a legal basis and must be reimbursed. The key factor is whether the operator held a valid licence in Germany at the time of play/gambling. Sports betting providers have generally been able to obtain licences since October 2020, while licences for online casino games became available only from October 2022. Therefore, players who participated in such games before these dates and suffered losses may have valid claims for repayment. Losses incurred after the respective licensing date, however, cannot be recovered, since these activities are now legally regulated. It is also important to consider the limitation periods. Claims for repayment usually become time-barred after three years, beginning at the end of the year in which the claimant became aware of the relevant facts (Sections 195 and 199 BGB). Players who only became aware of their rights through the 2024 BGH ruling may therefore still assert their claims until the end of 2027.

Those wishing to reclaim their gambling losses should carefully review their payment history and retain evidence such as bank statements, transaction confirmations, and account records from the respective platform. With these documents, a lawyer specialising in gambling law can assess whether and to what extent a claim for repayment is likely to succeed. The BGH’s decision from June 2024 is a landmark ruling with far-reaching implications. It affects not only one operator, but potentially the entire online gambling industry that offered services in Germany before the licensing framework came into effect. The ruling sends a clear message: Gambling contracts concluded without a valid German licence are void – and players can reclaim their money.