DK Gambling ApS’ bankruptcy trustee has secured permission to take a dispute over the protection of player balances to Denmark’s Supreme Court, extending a case that could determine how gambling legislation operates alongside insolvency law.
The Supreme Court will hear the case on 10 March 2027. The Danish Gambling Authority has received permission to intervene in support of the player whose account balance is being contested.
DK Gambling ApS entered bankruptcy proceedings in April 2022 after operating licensed online casino and betting services in Denmark. The trustee subsequently refused to release funds held in players’ gaming accounts, maintaining that the balances were not protected from the operator’s other creditors.
Several affected players were denied a right of separation, under which an asset is excluded from the bankruptcy estate and returned to its owner. One player brought proceedings against the estate, supported by the regulator.
The Maritime and Commercial High Court rejected the player’s claim on 5 March 2024. Had that judgment remained in force, the regulator said the trustee would have been expected to reject the remaining players’ separation claims and recognise their balances as ordinary unsecured claims. Recovery would then depend on the assets available for distribution across the estate.
The player appealed and the High Court reversed that outcome on 13 November 2025. It found that the gaming-account funds were specially protected and belonged to the player ahead of DK Gambling ApS’ other creditors.
The trustee was subsequently granted permission to refer the dispute to the Supreme Court. Its eventual judgment could provide a final interpretation of whether the safeguards imposed on Danish licensees create enforceable ownership rights when an operator becomes insolvent.
The issue has retained relevance beyond DK Gambling ApS. Jackpotbet A/S, another Danish online casino and betting licensee, entered reconstruction proceedings in April 2026. Its website ceased operating and players with outstanding winnings were directed to submit claims to the administrators while the Danish Gambling Authority monitored the process.
Denmark has also opened applications for land-based casino licences lasting up to 10 years, with financial responsibility forming part of the regulator’s assessment criteria.
DK Gambling ApS previously held Danish licences covering both online casino and betting services
