Online Casino Germany – Money back?

Online casino losses: want to look into the possibility of getting your money back? Get a lawyer involved. Many people continue to make large deposits at online casinos, even though the offer without a German licence has been illegal since the beginning of 2019 .

• Have you suffered losses at the online casino?
• Have you lost all or part of your deposits?

We would be happy to help you get your money back.

In the case of reclaims, it may also be possible to take action against banks and payment services such as Paypal. Online casino money back: You can read in this article why you can reclaim the money lost on online casino platforms and how we can help you. Let our competent lawyers advise you.

Contact us today so that we can examine your individual case for claims for damages.

News: Persons who have made losses by participating in online casinos were recently strengthened by a decision of the Higher Regional Court of Frankfurt.The background is the case of a gambler who had lost money in internet gambling in 2017.

The Higher Regional Court of Frankfurt am Main ruled in April 2022: The online casino in question must compensate the injured party for the loss. Why? Because its offer was largely illegal in Germany until July 2021.

The contract concluded between the online casino and the player was therefore void.

Table of contents

1. Online Casino: Gambling losses – lawyer helps
2. Reform of the Gambling Ordinance 2021
3. Which provider receives a licence?
4. Online Casinos Germany Legal? Legal situation 2022
5. Online Casino Losses: Obligation to Refund
6. How long is it possible to reclaim money?
7. Money back from Bank, Paypal and Co.
8. Online casino abroad
9. Advertising for online casinos reputable?
10. Increased risk of fraud in online casinos?
11. Licence from Schleswig-Holstein
12. Online Casino – Money back? Call in a lawyer

Online casino gambling losses – lawyer can help

They deal with the questions:

1. Are online casinos legal in Germany?
2. Are the providers of online casinos reputable?
3. How do I get my money back?

Our lawyers have all the answers for you. In October 2020, news portals such as the Tagesschau or the Süddeutsche Zeitung increasingly report about new regulations on online gambling in Germany. This new State Treaty on Gambling finally came into force on 01 July 2021.

Certain offers of online casinos are to be largely liberalised by this. However, the providers of online casinos are still subject to strict regulations under the new treaty.

It is important for you to know that this does not prevent you from reclaiming your losses

Reform of the State Treaty on Gambling in 2021

Some of the new requirements for online casino providers since July 2021 are:

• The offer of blackjack as well as roulette is illegal overall.
• Players must regularly receive a notice from the online casinos about how much money they have won or lost.
• There is a maximum monthly deposit limit that online casinos must monitor.
• Broadcast and online advertising is allowed for all permissible forms of gambling – except sports betting. But only between 9 pm and 6 am.
• Providers who advertise gambling with virtual machines must also be connected to a nationwide gambling ban system.
• In addition, players must in future be provided with a “panic button” with which the player can block himself for 24 hours.

The declared objective No. 1 of the gambling supervision and the State Gambling Treaty is to prevent the emergence of gambling addiction and betting addiction.

In addition, an effective fight against addiction is to be made possible. Against this backdrop, the effort to push for the legalisation of online gambling already sounds like sheer mockery and is probably difficult to comprehend.

Also hardly comprehensible is the fact that a uniform online supervisory authority does not yet exist.

It is therefore completely unclear how compliance with the requirements is to be monitored.

The supervisory authorities for gambling were in fact instructed not to take further action against the illegal offers of online casinos until the new State Treaty on Gambling comes into force in July 2021, provided that they have already implemented the requirements.

Even some supervisory authorities had serious legal concerns about this and feared that they could even be prosecuted for obstruction of justice.

Which provider receives a licence?

Providers who wish to obtain a German licence for their gambling services on the Internet must fulfil and constantly comply with a number of specified requirements. In particular, the exclusion of minors and banned gambling participants from gambling and online gaming is one of these requirements.

In addition, these requirements apply, among others:

• Compliance with a maximum amount per gaming account of 1,000 euros per month or an amount determined by the player himself if it is less than 1,000 euros
• Providers must develop and implement a concept to inform all players about the dangers, risks of loss and addictiveness of gambling
• A single domain may only offer one type of gambling (an exception applies to the combination of sports betting and horse betting)
• Guarantee of IT security
• No loans for players and no advertising for loans

Significance of the 2021 amendments for players and legal situation

Despite the changes, depending on the individual case, players are entitled to a refund of the money paid in. The lawyers of the law firm Herfurtner Rechtsanwälte now tell you why.

The claim for repayment of losses for players who have had bad experiences still exists. Because: The unlicensed offer of gambling on the internet is still prohibited in

Germany, § 4 para. 4 GlüStV. The implementation of the 2021 reform of the State Treaty on Gambling will not change this for the time being – at least for players. The fact that prior to the reform, the gambling supervisory authorities of the federal states were required to tolerate the illegal gambling offers of online casinos – as described above under lively resistance – does not change their illegality. The offer of gambling and online gaming by online casinos in Germany therefore remained illegal until the new regulation came into force in July 2021 pursuant to Section 4 (4) sentence 2 GlüStV.

Online Casinos Germany Legal? Legal situation in 2022

There is no uniform ban on online casinos and internet gambling in Germany. The individual federal states have their own legal regulations in this regard. However, the State Treaty on Gambling of July 2021 provides the legal framework.

According to these regulations, a licence must be applied for in Germany for offers in the following areas:

1. digital slot machine games
2. Online poker
3. Sports betting
4. Online casino
5. Horse betting and
6. Lottery

Online casinos – without a gambling licence issued in Germany – are nevertheless still freely available.

Players are attracted and deceived by aggressive advertising. Anyone who registers at an online casino whose website is available in German easily thinks that the offer and use is permitted. Often there are misleading seals of quality such as “Made in Germany” or “Licensed in Europe”.

Often already on the first page, comments from customers with top ratings are displayed in a big way to attract players. But if you take a closer look, you will often find a licence from another EU country at best. The licences, mostly from Cyprus or Malta, do not meet the legal requirements in Germany. The providers also like to promote themselves, e.g. as “Germany’s best online casino”. Such statements do not make the deposits into the accounts of the online casinos legal.

The Federal Administrative Court already spoke in the past in a press release of an “internet ban” in this regard. Deposits made to an online casino without a licence thus violate a legal prohibition. This results in various claims against the operators of internet gambling and the companies that carry out the payments.

This reinforces the recent decision of the OLG Frankfurt: The provider must compensate the player in question for his losses. Thus, anyone who loses money in an online casino can in principle reclaim their deposits. We recommend consulting a lawyer who is familiar with the subject.

Who is liable for reimbursement in case of loss in the online casino?

If you have lost money in an online casino, there are various ways to reclaim your money.

Decision of the OLG Frankfurt In its decision of 08 April 2022, the Higher Regional Court of Frankfurt confirmed the player’s right to a refund and thereby significantly strengthened consumer protection. Earlier, in November 2021, the Higher Regional Courts of Hamm and Munich also confirmed the repayment to players from internet gambling.

Decision of the Ulm Regional Court The Ulm Regional Court ordered the payment service provider PayPal to pay damages. The plaintiff is now to get the money he lost at several online casinos back from PayPal. The judgement supports the legal opinion that has always been held by the lawyers of the Herfurtner law firm.

In particular, there is now new hope for victims who have deposited money with online casinos via PayPal. In our opinion, the ruling can also be applied to other payment service providers such as VISA or MasterCard. Decision of the Traunstein Regional Court In its ruling of 08.10.2020, the Traunstein Regional Court ordered one of the largest online casino providers to repay over €25,000.00 plus default interest, legal fees and court costs.

The Traunstein Regional Court also took the view of the lawyers of the Herfurtner law firm that the contract on the practice of gambling at the defendant’s online casino was null and void pursuant to Section 134 of the German Civil Code (BGB ), as the organisation of public gambling on the internet is prohibited

pursuant to Section 4 (4) of the 1st State Gambling Amendment Treaty. Note: the above-mentioned judgements were not obtained by the lawyers of the Herfurtner law firm.

General terms and conditions, banks and payment systems – often it is the details that matter

In Germany, the platforms’ GTC are opposed by the clear legal situation. If banks or payment services are involved in the transactions, they may be jointly responsible. Accordingly, we check for you the existence of claims also against such institutions.

Many online casinos offer, among other things, the deposit of money via payment services such as PayPal or Sofortüberweisung. VISA or MasterCard are also frequently accepted as means of payment. These are usually companies that can also be claimed against in Germany in the event of disputes. It should be noted that the GTC of the companies involved may play a role.

The advice of a lawyer can help to enforce your claims against the online casino and third parties in the best possible way – or to sue the online casino.

Online casino – money lost: how long is recovery possible?

In our opinion, anyone who plays for real money at the online casino can get their deposits back.

In principle, the aggrieved parties can assert claims within three years at the end of the year according to § 195 BGB. For example, if you deposited money with a gambling provider on the internet at the beginning of 2019, you can take action until the end of 2022.

The lawyers of the Herfurtner law firm will support you in this. Whether a refund is also possible for payments made further back in time will be examined by us on a case-by-case basis. Keyword here: Chargeback credit card payment.

Money back from banks and payment services?

If a SEPA transfer is used to deposit funds at an online casino, money can regularly be charged back for eight weeks. Such payments are unlawful if they violate a legal prohibition. Currently, there is no permission in Germany for the unlicensed operation of gambling services on the Internet.

In this case, the operator of an online casino violates the criminal law norm of § 284 StGB. We assume that banks and payment service providers are also not legally allowed to process the funds for the same reason. Chargebacks are possible for up to 13 months in the case of transfers if it is justified that the payments are made without the authorisation of the account holder.

In our opinion, payments to an online casino also fall under this. In this case, the reclaim must be specifically justified. The lawyers of the Herfurtner law firm have the relevant experience to support you in the best possible way.

Online Casino Abroad – Effects on German Users?

Often, providers of games of chance on the internet are based abroad, e.g. in Malta. This makes recovery in Germany difficult only at first glance. If an online casino offers its service for the German market, a place of jurisdiction in Germany is also justified. If one decides to take direct action against the operator of the online casino, one can also do so in Germany.

The Federal Supreme Court confirmed that under EU law, German consumers can also sue at their place of residence. This was confirmed by the decisions of the Higher Regional Courts of Hamm and Munich in November 2021 and the Higher Regional Court of Frankfurt in April 2022.

Advertising for online casinos in Germany and what lies behind it

The legal situation is complex. Many of the providers of online casinos advertise their licence. The licence is often granted in Malta or Great Britain. If a gambling provider has such a licence, it likes to present itself as reputable. In addition, many supposedly neutral test – websites advertise for gambling providers in a hidden way:

Nevertheless, advertising for gambling is only allowed in Germany between 9 pm and 6 am. If you are unsure whether you have participated in a legal offer or not, the lawyers of the Herfurtner law firm will give you information in a free initial consultation.

Online casino – a billion-dollar business worldwide

On the Internet, the gambling business is a market worth billions. Even if the gambling providers on the internet have a German-language offer, they are mostly operated from abroad.

The fascination with getting rich by registering at an online casino continues to grow. According to a press release of the European Commission, there were already more than 7 million users in Europe alone in 2014.

Winning at the online casino – figures and probabilities

An estimated 14 billion euros were earned in 2018 with both legal and illegal online casino offers. Gross gaming revenues are expected to rise to 64.5 billion euros by 2023.

Anyone who registers on a platform for gambling on the internet is betting on a real-life probability.

Increased risk of fraud in online casinos?

If one no longer plays on conventional machines but only virtually, the danger of falling victim to a Scam falling victim to fraud. Although the provisions of the Gaming Ordinance apply to all offers that can be accessed in Germany, there are the following special risks when playing in online casinos:

• The games are less profitable than claimed on the website. If the chance of winning is thus lower than promised to the customer, it is a so-called unfair game.
• Some of the providers ensure that the payout of the online casino takes an unnecessarily long time or make it dependent on superfluous verification measures.
• Non-transparent bonus grants can lead to customers investing more money than originally intended.
• Unjustified blocking of the gaming account can lead to the operators of online casinos using the customers’ money for unjustified other purposes.
• The advertising statements of the respective gambling provider on the Internet can create false expectations among users. If, as a result of an advertising campaign, certain conditions are not as advantageous as presented to the user, this is suspicious

Legal online gambling through a licence from Schleswig-Holstein?

What many who play for money on online casino websites do not know: Until the reform of the gambling treaty in July 2021, there was no possibility in Germany – with the exception of Schleswig-Holstein – to legally play for real money in online casinos.

Schleswig-Holstein was the only federal state to issue licences for offering online casinos on a trial basis. These licences were originally limited to 6 years, but have been extended again until 30.06.2021 at the latest. At that time, the online casinos were legal for players with permanent residence or habitual abode in Schleswig-Holstein.

However, it is certain that the offers were advertised and made available throughout Germany. Consumers who have made losses in online gambling in this context should have their claim for reimbursement checked as soon as possible with the help of a lawyer.

Winning at the online casino – is it possible to earn money seriously in Germany?

Despite the non-transparent legal situation for consumers, thousands play on casino platforms in Germany every day. Many platforms do not offer their services on the basis of licences. Some work with foreign licences or alleged seals of approval. But anyone who has registered with an unlicensed online casino is not without protection.

Due to the promises of winnings directed at German consumers, high deposits regularly take place at online casinos without a licence. The promise that the winnings will make players rich quickly is tempting for all participants. We will be happy to explain the different legal situations to you in a non-binding initial consultation if you have suffered losses.

Online casino – help with losses despite a ban on gambling?

Operating games of chance on the internet without a licence is often officially prohibited. However, this offers a chance to reclaim losses. Here, the injured parties benefit from an argument from case law.

One wants to avoid that the operators of the prohibited online casinos can earn money unhindered. This view results from the interpretation of the concept of so-called Unethicality. Anyone who wonders whether they have violated a ban by registering with an online casino themselves should seek legal advice.

Further legal measures in the event of losses in an online casino

If German courts have jurisdiction, existing claims for refunds can be enforced. Those who rightfully claim against the platform also have the option of applying for a default summons.

Ultimately, the path of civil action remains if the prerequisites for this are met.

Especially if the claim is made abroad – help from lawyers

If you want to reclaim your payments made to an online casino, the lawyers of the Herfurtner law firm offer their support. In many cases, it has been shown that vigorous action is also promising in cases in which the responsible parties operate outside of Germany.

We approach the banks, payment service providers and the providers of the online casinos themselves on your behalf. Since it may be important to meet deadlines for the reclaims, you should seek advice quickly.

The lawyers of the Herfurtner Law Firm will examine your case and discuss with you what you can do in each individual case.