If you are an online gamer, then you will know that one of the many things you take into your own hands is your fortune. If you play a high-stakes online casino game, you know that you stand to win or lose large sums of money. If you take things even further and bet for large sums of money, though, you are playing with fire. However, despite that being the case, some gamers are able to successfully argue for a refund. With that in mind, though, a recent court case in Frankfurt, Germany could set a rather worrying precedent.
Recently, the High Court of Frankfurt agreed with a gamer who had lost as much as €12,000 that he should be refunded. The gamer made a claim against one of the online casinos operating in Malta that he should be given his money back. Why? Because he is a problem gambler, and is addicted to gambling.
By taking legal action, the gambler was able to win the first stage of his appeals process that was granted by the District Court of Giessen. Judges had agreed that the online casino in question was not a legal gambling option under the laws that were established at the time.
The online casino contested that it operated within Germany completely legally, and that it was during the transitional period as Germany moved to a new set of online casino gaming regulations. The worry for some casino operators is that this could set a massive precedent for gamblers to claim back thousands in backdated losses.
The casino also argues that a tick box was included on the platform that informed the individual of his legal situation as a German participant. However, the judges review disagreed and sided with the customer.
What happens next?
This could set a rather worrying issue for the entire industry in Germany. With the argument being heard that the game was not technically legal to be played in Germany, and thus the player should not have been using it, the company looks almost certain to face a challenge in appealing. The argument from the operator is that they offered a German language version of the casino, and thus there was no risk of a mistranslation or a lack of understanding on the part of the individual.
The German online casino gaming market has gone through some pretty major changes in recent years, and this could set off another change in the way the market operates. A court as high in terms of authority as the High Court of Frankfurt could set a pretty significant precedent for what happens next.
It is hoped that the new licensing framework that is put in place will at least help to avoid situations like this happening again in the near future. However, for now, there is some notable concern and worry about what kind of precedent this ruling could set moving forward in the future for the online casino gaming scene in Germany.