Betting dispute between player and Tipico: Bundesgerichtshof presents EUCJ questions
The later decision of the BGH (Federal Court of Justice) could have far-reaching consequences. Similar proceedings, which are pending in Karlsruhe, have now been put on hold until an EUCJ (European Court of Justice) decision.
The player, who is represented by the legal service provider Gamesright in this process, placed bets on sports with the provider between 2013 and 2018 and lost money. He is demanding a total of 3700 Euro back.
These years fall into an experimental period. According to the Gambling State Treaty of 2012, gambling on the internet was generally prohibited. However, for online sports betting, there was a restricted exception: They could be allowed by the states if the providers had a license.
Tipico, with its headquarters in Malta, had applied for a license in Germany, but had not received it at the time. The procedure took several years, and the license was only granted in 2020, just before the new Gambling State Treaty of 2021. However, the provider had previously already held a Maltese license.
The key point, however, is that during the experimental period in Germany, there was no legal procedure for granting such permits. In another case, the EuCJ (European Court of Justice) had already decided a few years ago that no criminal sanctions could be imposed on betting providers for this reason.
Therefore, the current dispute is not about criminal law sanctions but about civil law claims. The BGH is now asking the EuCJ whether contracts between players and providers can be considered void if the German license was missing. The BGH will make a decision in this case once the EuCJ has answered the questions.
- The player's case against Tipico, a sports betting provider based in Malta, is currently under review at the Federal Court of Justice in Karlsruhe, Germany.
- The player's legal service provider, Gamesright, claims that Tipico should return 3700 Euro, which was lost during bets placed between 2013 and 2018.
- The Federal Court of Justice has temporarily halted similar proceedings pending a decision from the European Court of Justice (EUCG) regarding online sports betting licenses during the experimental period in Germany.
- Tipico initially applied for a license in Germany during the experimental period but did not receive one until 2020, when the new Gambling State Treaty was implemented. However, the provider already had a license from Malta before this.
