The European Court of Justice’s (ECJ) ruling in case C - 440/23 could mark a watershed moment for the online gambling industry. For providers who served German players without a domestic licence before July 2021, this decision lands like a legal thunderbolt.
Global Gaming Insider spoke to Munich-based gaming law specialist István Cocron, who has represented thousands of affected players, about the latest ruling.
ECJ upholds legality of Germany’s pre-2021 online gambling ban under EU law
The court confirmed that Germany’s pre-2021 online casino ban was fully compatible with EU law - and that players may reclaim their losses without that claim constituting an abuse of rights. The ruling directly addresses the main line of defence operators had relied upon: that a Malta or other EU licence should shield them from German civil liability. That shield is now gone.
Cocron sees the aggregate financial exposure as formidable. “We are talking about hundreds of thousands of affected players across Germany,” he says. “Combined, that translates into a potential billion-euro liability for the industry. Providers who assumed this risk would never crystallise are now facing a very different reality.”
German courts set to resume suspended proceedings following ruling
Thousands of proceedings before German courts that had been suspended pending the latest ruling are now expected to resume swiftly. The German Federal Court of Justice, which had itself awaited the ECJ’s guidance, now has the European law foundation it needs to rule definitively on outstanding revision proceedings. The operators’ fallback argument under § 817 sentence 2 of the German Civil Code - that a player who engaged in illegal activity cannot seek restitution - had already been systematically rejected by German appellate courts. Latest ruling adds a further layer to that trend.
This is a dam-breaking ruling, says Istvan Cocron, a Munich-based gaming law specialist who has represented thousands of affected players stating: Operators believed their EU freedom-of-services argument was bulletproof The ECJ has just dismantled it completely
For players still weighing their options, Cocron is unambiguous about the urgency. “The statutory limitation period for losses incurred in 2016 expires at the end of this year,” he warns. “The window is closing. Players who hesitate now may lose their claims forever.”
The parallel sports betting case remains pending until at least 2027
One significant frontier remains open. A parallel ECJ case concerning online sports betting - C-530/24 (also known as the Tipico case), in which Advocate General Emiliou delivered his conclusions on 19 March 2026 - is still pending.
The recent ruling does not resolve the sports betting question directly, though the legal reasoning is widely expected to inform that outcome as well.
What about personal liability for directors?
Cocron has also discussed earlier the Austrian Supreme Court’s (OGH) Wunner ruling with the Global Gaming Insider.
In its decision, OGH has ruled that the management of unlicensed online casinos can be held personally liable for player reimbursement claims. The ruling follows a decision by the ECJ in the Wunner case, which clarified that tort claims against directors of online gambling operators can be brought in the player’s country of residence – but that the law of the country in which the damage occurred applies to these claims.
Cocron sees this as a ‘’clear shift towards personal liability for directors of unlicensed online gambling businesses,’’ and notes that the ‘’Austrian court acted quickly following the ECJ’s Wunner decision.’’
Are overall liability risks set to increase further?
Taken together, the latest ECJ decisions and related national court developments signal positive momentum for players seeking reimbursement claims. With German refund claims set to resume, several operators are now facing growing uncertainty. Risks around potential personal liability for directors are also increasing, while further clarity is still awaited in the separate sports betting case. Cocron is right to warn of potential billion-euro liability for the industry.
A judgment in the ECJ Tipico case is not expected before 2027
