The German Federal Court of Justice (BGH) has held a hearing on a player reimbursement case involving an locally unlicensed operator, focusing on the question of jurisdiction. The BGH indicated that German courts likely have jurisdiction, as consumers can generally bring lawsuits in the courts of their place of residence.
However, the court is waiting for the outcome of a similar case before the European Court of Justice (ECJ), C-530/24, which involves Tipico and sports betting, before issuing its final decision.
Online gambling was generally prohibited in Germany until July 2021, although foreign operators – often licensed in Malta or Cyprus – offered games to local players. German courts have increasingly held that gambling contracts entered into during the prohibition were void.
The case the court heard concerns a player from Baden-Württemberg who suffered losses of around €10,000 ($11,483) between 2020 and 2022 playing online slot machines offered by Tipico Games. He is attempting to recover these losses from Tipico with the help of a litigation funder.
The Higher Regional Court (OLG) of Stuttgart ruled in his favour in September 2025.
Tipico Games appealed the Stuttgart ruling to the Federal Court of Justice (BGH), which declared the case a ‘leading decision.’ The BGH can therefore decide the case even if the parties settle. The court does not currently expect to make another ECJ referral in this particular online-casino case.
Although the judge is awaiting the ECJ’s ruling in the Tipico sports betting case, the court does not expect it to provide new insights for online gambling. The delay is considered a precautionary measure.
Hundreds of similar cases are pending at the BGH and thousands more in lower German courts, with potentially billions of euros at stake.
In April, the ECJ ruled on a similar case and confirmed that Germany’s ban on online casinos before 2021 was valid under EU law. The court clarified that operators licensed in Malta or other EU countries could still be held civilly liable in Germany. As a result, players who lost money during the ban can now pursue refunds more effectively.
A judgment in the ECJ Tipico sports betting case is not expected before 2027
