Recent judicial decisions across Germany and the European Union have established that players can seek financial compensation from gambling operators for losses incurred when online casinos and fruit machines operated without a domestic license.
Legal shifts and the push for compensation
While these landmark rulings offer potential relief for consumers and gambling addicts, legal experts warn that navigating collective lawsuits and jurisdictional gray zones will present significant hurdles.
A series of rulings at regional, federal, and European levels have favored consumers over the past year, beginning with a September 2025 decision by the Higher Regional Court Stuttgart involving Malta-based Tipico Games. Because online casinos and fruit machines were broadly prohibited in Germany between 2008 and 2021, courts have determined that operators received player funds without a valid legal basis, requiring repayment.
The Federal Court of Justice (BGH) reviewed the matter following an appeal, supporting the core principle that players can reclaim losses if operators lacked domestic licensing at the time. This judicial trend has triggered widespread legal mobilization, with law firms gathering clients and utilizing digital tools to build massive collective actions. Thomas Dünchheim, a business lawyer at Greenberg Traurig, described the movement as a consumer shift resembling mass litigation events.
Expert commentary
Thomas Dünchheim, a business lawyer specializing in gambling law, stated:
“The pendulum is swinging more and more towards the consumer. It’s a bit like in America—we’re seeing a mass phenomenon like the Dieselgate lawsuits against VW.”
Dünchheim added:
“And there are lawyers who will collect all these little cases, bundle them, and then maybe even drive it forward with the help of a legal financing firm. It’s a good business for all involved, and the ones that will have to pay are the gambling firms who operated unlawful gambling in Germany.”
Tobias Hayer, a psychologist at the Institute for Public Health and Nursing Research at Bremen University, commented:
“These court verdicts are not surprising at all.”
Hayer further noted:
“On the one hand I can imagine that this will be a huge relief to many gamblers who had an addiction problem. On the other hand, if these people suddenly get a lot of money in their hands, but they haven’t worked through their problems, then of course there’s a danger of recidivism.”
