The Dutch Supreme Court has answered preliminary questions concerning online gambling activity before market liberalisation in October 2021, concluding that gamblers cannot reclaim losses on the basis that agreements were void. The court followed the Advocate General’s advice in full.
The case stemmed from legal proceedings brought by Dutch players who argued that losses incurred on offshore gambling sites before market regulation took effect should be recoverable because the underlying contracts were invalid. The courts in North Holland and Amsterdam referred the matter to the Supreme Court for clarification.
In its reasoning, the Supreme Court found no basis to declare such agreements invalid. Various Dutch legal experts representing players in these cases have argued that claims could potentially be based on alternative legal grounds. The Court’s position leaves opportunities for this, and lawyers will seek different avenues.
The reasoning of the Dutch Supreme Court differs from that of courts in other European countries, such as Germany and Austria, which have generally supported players.
It also follows the European Court of Justice ruling in case C-440/23, in which a German player brought a claim against Malta-based secondary lottery operator Lottoland seeking to recover gambling losses.
The ECJ confirmed that Germany’s pre-2021 online casino ban was compatible with EU law and that players may reclaim losses without such claims constituting an abuse of rights.
Legal experts suggested that the ECJ ruling may weaken operators’ reliance on EU free movement arguments and could expose them to significant liability claims from European players. However, that may not necessarily hold true in the Netherlands.
A May ruling from the ECJ upheld a motion to refund player losses accrued from the Mr Green online casino
