Judges Seek Supreme Court Ruling on Online Gambling

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Supreme Court to Rule on Online Gambling Disputes

Dutch judges seek a clear ruling on lawsuits where gamblers are reclaiming lost money from online casinos. Gambling companies argue that their services were tolerated for years, while players claim that their agreements were invalid. The Supreme Court must now determine who is right.

Conflicting Rulings Create Legal Uncertainty

Previous lawsuits have led to differing outcomes. In most cases, players were reimbursed, but a judge in Zeeland-West-Brabant ruled that the government’s tolerance policy meant casinos were not required to refund money.

To resolve this legal ambiguity, the courts of Amsterdam and North Holland have submitted six key questions to the Supreme Court.

Six Key Questions on Online Gambling

The judges are asking:

  • Whether gambling agreements before 2021 were legally invalid.
  • Whether it matters if a gambling company was on the Gaming Authority’s “grey list.”
  • Whether agreements with unlicensed gambling providers are null and void under Dutch law.
  • Whether compliance with the Gaming Authority’s priority criteria influences the validity of agreements.
  • What legal consequences apply if a gambling agreement is deemed invalid and whether players can reclaim their losses.
  • Whether it is relevant that a provider, such as TSG, only offered a platform for players to compete against each other.

Gambling Companies Push Back

Major gambling companies like Bwin and PokerStars attempted to influence the proceedings by requesting modifications or removals of certain questions. However, the courts refused to make any changes.

Lawyer Benzi Loonstein, representing the players, welcomed the judges’ decision to stand firm.

Unibet Excluded from the Case

Unibet tried to intervene in the lawsuit but was denied by the court. The judges ruled that the company had no direct interest in the case, meaning the legal proceedings remain strictly between the affected players and the involved gambling companies.

Potential Impact on the Gambling Industry

If the Supreme Court rules that the agreements were invalid, many gambling operators may be forced to repay substantial amounts to players.

This could trigger a chain reaction and significantly impact the online gambling sector. The verdict is expected later this year.

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Kathleen S.
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