CJEU Ruling Allows EU States to Ban Cross-Border Online Gambling
- The Court of Justice of the European Union (CJEU) ruled in case C-440/23 that EU member states can ban online gambling, even if operators hold cross-border licenses.
- Lottoland, a Malta-licensed operator, lost a landmark case allowing a German player to reclaim stakes lost between June 2019 and July 2021.
- The ruling binds all EU member states, potentially leading to billions in player restitution claims across the German market alone.
- German courts have previously ruled in favor of players seeking refunds from unlicensed operators, with cases on hold awaiting this clarification.
The CJEU’s decision confirms that gambling contracts violating national bans are null under EU law, enabling players to claim refunds without abusing their rights. This precedent impacts crypto casinos licensed in Malta but operating in countries with bans.
With Germany legalizing online gambling post-July 2021, this ruling does not retroactively validate prior operations by Lottoland or affect existing restitution claims from players during the banned period. (Source)
