A significant new legal opinion from Advocate General (AG) Siewert Lindenbergh may fundamentally alter how Dutch courts adjudicate claims regarding unlicensed online gambling losses from before the market was regulated.
In his advice to the Dutch Supreme Court, the AG argued that gambling contracts entered into prior to the October 2021 regulation should not be considered automatically invalid.
For years, numerous players have pursued legal action against operators, seeking refunds for losses incurred during the period when online gambling was prohibited in the Netherlands. Since no licenses were available at the time, operators were technically offering services illegally.
Lower courts have issued conflicting rulings on the matter, with some ordering reimbursements and others dismissing the claims, creating legal uncertainty across the country.
Siewert Lindenbergh’s core argument rests on a nuanced interpretation of the law. He asserts that while the old Betting and Gaming Act prohibited the offering of unlicensed gambling, it did not explicitly state that the contracts resulting from such activity were void.
He emphasizes that the law’s intent was focused on administrative and criminal enforcement against operators, rather than the nullification of civil agreements.
Furthermore, the AG points out that Dutch citizens had been participating in online gambling for years prior to regulation, often with the tacit acknowledgement of the government, which prioritized personal responsibility over strict prohibition enforcement.
While the AG advises against automatic invalidity, he notes that players still have other legal avenues. Claims based on specific wrongdoing or error can still be pursued, but he argues these should be examined on a case-by-case basis rather than through a blanket ruling of invalidity.
This perspective diverges sharply from recent high-profile rulings in Germany and Austria, where supreme courts have declared unlicensed contracts void, leading to mandatory refunds. Lindenbergh’s opinion, if adopted, would set the Netherlands on a different legal path.
Although the AG’s advice is non-binding, the Dutch Supreme Court typically gives such opinions considerable weight. The Court’s final ruling will be decisive, likely determining the outcome of thousands of paused lawsuits. If the Court aligns with the AG, securing automatic refunds for pre-2021 losses will become significantly more difficult for players.
