The Federal Court of Justice in Germany, known as the Bundesgerichtshof, is reviewing whether players can legally reclaim lost funds from online gambling operators that lacked domestic licenses. During a hearing in Karlsruhe on Thursday, the court examined a specific case designated as a lead decision proceeding, according to reports from German news outlet ntv and the Agence France-Presse. The legal proceedings carry docket numbers I ZR 216/25 and I ZR 78/25, setting a precedent that other German courts can follow once a final ruling is issued.
The Legal Dispute Involving Tipico Games
At the center of Thursday’s proceedings before the Bundesgerichtshof was the online casino Tipico Games. According to verified reports, the operator held a valid gaming license issued by Malta between late 2020 and September 2022, but did not possess a corresponding license from German regulatory authorities. Numerous players across Germany have filed lawsuits against Malta-licensed operators to recover gambling losses incurred during periods when operators lacked local authorization under German state gambling treaties.
Cross-Border Jurisdiction and Pending EU Questions
A second case addressed during the hearing focused on whether a player residing in Germany can successfully demand reimbursement for losses sustained while gambling abroad. The Federal Court of Justice did not issue a final decision on Thursday regarding either the Tipico Games matter or the cross-border jurisdiction case, stating that the official date for the final verdict announcement will be released at a later time.
Meanwhile, online sports betting disputes remain on hold. According to the Bundesgerichtshof, justices already submitted questions to the European Court of Justice in Luxembourg back in July 2024 to clarify the interpretation of European Union law regarding sports betting operations. The German court is awaiting guidance from the European justices before issuing its own rulings on sports betting reimbursement claims.
Related reading