Austria’s Supreme Court (OGH) has confirmed that even accumulator sports betting does not qualify as gambling under Austrian law. In Austria, sports betting is classified as a game of skill and regulated at state level.
The case was brought by a player from Styria who lost around €30,000 on sports betting and sought to recover the funds. He argued that accumulator betting should be treated as gambling and that the wagers were therefore void because the operator did not hold a gambling licence.
He was partly successful at the Wiener Neustadt Regional Court, but the Vienna Higher Regional Court rejected his appeal. The Supreme Court has now upheld that ruling.
The court held that sports betting is not gambling as bettors can assess the relative strength of teams or athletes. As a result, outcomes are not considered primarily dependent on chance.
The new Austrian Gambling Act is currently being developed. Rumours suggested it could introduce multiple online casino licences and end the current monopoly structure, alongside broader regulatory changes.
The reform has also prompted questions about the future of sports betting regulation in Austria, particularly whether its current classification as a game of skill could be reviewed as part of wider gambling law updates.
As of now, nothing is certain regarding the reforms.
However, the legislative timeline has been delayed. The bill was originally expected by the end of March and before the parliamentary summer recess.
Lawmakers have indicated that the delay is acceptable if it leads to a more comprehensive and effective regulatory framework.
Regarding the new Austrian Gambling Act, there is still expected to be only one concession for lotteries, as multiple providers are considered economically unviable
