Since July 1, 2021, the new
State Treaty on Gambling
, which allows online gambling (online poker and virtual slot game) with a German permit. Previously, online gambling was banned in Canada. Anyone who placed their offer in Canada and admitted local players was liable to prosecution. Nevertheless, the market was booming, also because the majority of the providers had a Malta license under EU law and therefore felt safe in Canada to some extent.
Prohibited, however, remains prohibited and if you have not sufficiently protected your offer from the fact that players from Canada can also register and play, you must expect procedures in which players want to have their high losses refunded.
Most recently, the Frankfurt / Main Higher Regional Court upheld a plaintiff who wanted to have her approximately $ 12,000 loss at the online casino refunded (source: SPON ).
About ten months ago, the Higher Regional Court of Munich also sentenced an illegal online casino based in Malta to reimburse a player for losses of $ 14,230 (Ref.: 31 O 16477/20). The appeal was rejected with the court's assessment of the lack of prospects for success in November 2021 (Ref.: 5 U 549/21). (Source: Anwalt24.de )
On the website of Anwalt24.de it can also be read that numerous higher regional courts (OLG) are now also joining the decisions of the regional courts and are granting gamblers with losses from illegal providers a refund of these losses.
Whether a real wave of complaints will take place now remains to be seen. Also against the background that a lawsuit is very often not worth it because of a few hundred dollars.
Another source: