Dispute about online gambling before the BGH: gambling losses can be claimed back

Online gamblers will probably soon be able to recoup their losses incurred up to 2021 from the organizers. This became apparent this Thursday in a leading case at the Federal Court of Justice (BGH). Overall, it's worth billions.

In this specific case, a player from Baden-Württemberg suffered losses of around 10,000 euros in online slot games from the provider Tipico in 2020 and 2021. He is trying to recover these losses with the help of a litigation financier from Tipico.

The Stuttgart Higher Regional Court ruled in his favor in September 2025. Because online gambling was banned in Germany until 2021, the corresponding gambling contracts were void and the organizers must reimburse the players' losses.

Tipico, however, appealed to the Federal Court of Justice. The company, which was founded in Germany but is now based in Malta, invoked its Maltese gaming license. The Stuttgart Higher Regional Court violated the EU freedom to provide services.

However, in April 2026, the European Court of Justice (ECJ) ruled in another case that the German ban on online gambling does not violate the freedom to provide services. Gambling law is not standardized in the EU, so EU states can decide for themselves how to protect against gambling addiction.

The main issue at the BGH hearing this Thursday was whether German courts have jurisdiction over the case. The BGH wants to confirm this because it is a consumer protection case. The lawsuit can then be filed at the plaintiff's place of residence.

However, Tipico lawyer Thomas Winter does not believe the plaintiff is in need of protection since he has assigned his lawsuit to a litigation financier. Matthias Siegmann, the plaintiff's lawyer, saw this as an indication of the plaintiff's need for protection: "He is dependent on the process being financed for him."

The BGH does not want to announce its judgment for a few months. The Karlsruhe judges are still waiting for the outcome of another ECJ case. Licenses for online gambling have also been available in Germany since July 2021.