Thousands of players in Germany and throughout Europe are seeking refunds from unlicensed betting providers. The European Court of Justice (ECJ) has received an opinion from an Advocate General regarding a crucial case involving Tipico. The opinion indicates that EU Member States are not obligated to recognise each other's gambling licences, providing a positive outlook for players pursuing reimbursement claims.
This case revolves around losses incurred before Germany's 2021 State Treaty on Gambling, which reformed regulations to allow licensed online gambling. It concerns a sports bettor who lost money between 2013 and 2020. During this time, Tipico operated under a Maltese licence and did not possess a German licence. The player has initiated legal action in Germany to recover his losses.
The German Federal Court of Justice stated that the 2012 edition of the State Treaty on Gambling maintained a complete ban on unlicensed sports betting. However, it referred the matter to the ECJ for a final ruling.
The Advocate General's opinion is considered crucial, as the ECJ typically follows his recommendations.
Lawyer Marc Ellerbrock, who represents more than 1000 German clients in similar cases, described the opinion as a great success.
Tipico also believes it has been bolstered by the Advocate General's opinion. The company claims that repayment demands are unreasonable when a licence was wrongly denied and national authorities nevertheless tolerated the service. A Tipico spokesperson stated, “That is exactly what happened in Germany."
Tipico is referencing a specific exception outlined by the Advocate General. This exception states that a provider has no cause for concern if they have received broad assurances from the German authorities indicating that they are exempt from licensing requirements. In these situations, the authorities would be responsible for reimbursing the stakes.
Whether this applies will be clarified by the German Federal Court of Justice. For players, however, the situation would not change significantly, as they would still be entitled to their money.
The situation is different for providers invoking Bill 55 - a special Maltese law designed to protect Malta-based operators from foreign court rulings. This law is also before the ECJ, and the Advocate General is expected to deliver his opinion in April. Observers anticipate that he will strike down Bill 55.
In its ruling of 15 January 2026 in the Wunner case, the ECJ decided that tort claims against managing directors of online gambling operators can be asserted in the country of residence of the plaintiff player – but that the law of the country in which the damage occurred applies to these claims. In short, the ECJ has paved the way for managing director liability in cases of unlicensed player losses.
The pending ECJ ruling is significant, as a player-friendly decision from a top court could be costly for Tipico and other operators and influence similar cases
