Germany May Allow Players to Reclaim Losses From Up to 10 Years Ago

^{The building of Germany’s Federal Court of Justice in Karlsruhe}

Judges at Germany’s Federal Court of Justice have signalled that money lost to unlicensed gambling operators could be recovered even years later. This is according to ISA-GUIDE, which reported on a September 17 hearing.

The case centres on a claim against Tipico, with a customer seeking to recover €10,092 lost between December 2020 and September 2022. At the time, Tipico held a Maltese licence but lacked the permit required to operate in Germany.

One of the key questions in the case is the statute of limitations. The standard limitation period is three years, but judges discussed whether losses could, in certain cases, be recovered from as far back as 10 years ago.

Following the hearing, several lawyers handling similar claims said the judges’ comments appeared encouraging for players, suggesting the court could allow claims even after the standard limitation period has expired.

Tipico disagrees. The company argues that Germany’s former blanket ban on online gambling violated EU law.

The court heard a second, related case on the same day. A player who lived permanently in Germany used an account with an unlicensed operator but lost some of the money while travelling abroad. The court must now decide whether those losses can also be recovered. During the hearing, judges indicated that the key issue may not be where the player was physically located at the time, but rather the fact that they lived in Germany and their account was tied to the country.

Both cases could have implications for numerous similar claims against gambling operators in Germany. No final rulings have been issued, and no dates have been set for the decisions.

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