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Articles on the recovery of gambling losses

Current Austrian Supreme Court and ECJ developments, procedural pathways, background and industry observations on recovering losses from illegal online casinos in Austria.

Articles
21
Topics
11
Author
Attorney Dr. Oliver Peschel
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21 articles

Legislation

The new Gambling Act: anyone who wants an online licence must first pay out the players

The Ministry of Finance has sent the draft of the largest gambling reform in decades into formal review. The online monopoly falls; from October 2027 several operators are to be able to obtain an Austrian licence. The decisive sentence for affected players is in the licensing rules: any operator that offered its services illegally without a concession and now wants to continue legally must, under Section 14(2a) of the draft, first have satisfied all final judgments from player claims and paid outstanding levies in arrears. A practitioner's perspective.

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Procedure

When the casino does not pay: managing-director liability after the ECJ judgment Wunner (C-77/24)

Many foreign online casinos make themselves unassailable to lawsuits: through insolvency, relocation of their seat or statutory enforcement blocks such as the Maltese Bill 55. That raises the question of who is then liable for the gambling losses. The European Court of Justice answered it on 15 January 2026 in the Wunner case (C-77/24), a landmark decision in proceedings that our firm conducted for the affected player. Attorney Dr. Oliver Peschel analysed the decision academically together with Attorney Bernhard Ibl in the Journal for Consumer Law. This article summarises the key points for those affected.

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Recovery

How does a casino refund work? The process step by step

Anyone who has lost money at an online casino without an Austrian licence can reclaim those losses under the settled case law of the Supreme Court. What deters many of those affected most is the question of what the process involves. The answer is shorter than most expect: two details are enough to start, the firm handles everything else. This article shows the process from the first message to the lawsuit, step by step.

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Providers & licenses

bwin in Austria: why casino losses are recoverable and betting losses take a very different path

Austrians know bwin above all as a sports betting brand with Viennese roots, but it also offers an online casino. This dual character is exactly what decides recovery. Casino losses are recoverable under the settled case law of the Austrian Supreme Court on unjust enrichment, because the casino offer holds no concession. Betting losses follow a different, considerably harder logic. A practitioner's perspective from attorney Dr. Oliver Peschel.

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Providers & licenses

Mr Green in Austria: the best-known casino brand, a multi-million fine and seized domains

Mr Green is the most-searched online casino brand in Austria. The operating company never held a concession under the Austrian Gambling Act. Losses are therefore recoverable under the settled case law of the Austrian Supreme Court on unjust enrichment, most recently confirmed in 6 Ob 31/24p. The recent development in enforcement is notable: the Supreme Court has approved execution against the operator's Austrian domains, and by judgment of 21 May 2026 in case C-198/24, a Viennese Mr Green case, the CJEU has enabled preliminary account preservation. A practitioner's perspective.

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Providers & licenses

Is online poker gambling? Recovering PokerStars losses in Austria

PokerStars is the best-known online poker brand in the world and one of the most-searched gambling brands in Austria. Many of those affected consider poker pure skill and therefore not recoverable. That is a mistake: online poker for money is gambling under Austrian law, the contract with a non-concessioned operator is void, and the losses are recoverable under unjust enrichment.

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Crypto casino

Stake in Austria: recovering losses at the world's largest crypto casino

Stake is the world's largest crypto online casino and also the most-searched brand in this category in Austria. The operating company, based in Curacao, never held a concession under the Austrian Gambling Act. Losses in Bitcoin or other tokens are nonetheless recoverable under the settled case law of the Austrian Supreme Court on unjust enrichment. A practitioner's perspective, with an honest look at enforcement.

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Legislation

Austria's online gambling monopoly is set to fall, why this strengthens the position of affected players

The new draft of the Austrian Gambling Act reverses a decades-old line: the monopoly on online gambling is to fall, and from 2029 several operators are to be able to obtain an Austrian licence. The decisive point for anyone who has lost money in online casinos is in the fine print. Operators that previously operated illegally without a concession and now want a licence must first satisfy the judgments from player claims. A practitioner's perspective.

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Recovery

Limitation periods when reclaiming casino losses, 30 years and the shorter deadline many overlook

Anyone reclaiming losses from an online casino without an Austrian licence has considerable time on their side thanks to the 30-year limitation period. That period, however, only applies to the claim against the casino itself. If you also pursue the personal liability of the managing directors, a much shorter period applies. This article separates the two deadlines cleanly and explains why the short three-year limitation does not apply to gambling.

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Prediction markets

Polymarket, Kalshi and prediction markets seen from Austria

Platforms such as Polymarket and Kalshi let users bet on almost anything, from election outcomes to outdoor temperatures on a given day. The operators argue that they run financial instruments, not gambling. From an Austrian perspective this construction is to be approached with caution. For a substantial share of the bets chance prevails over skill, which makes a classification as unlicensed gambling plausible. For players this opens up recovery prospects without exposing them to penalties for participating.

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Crypto casino

Crypto casinos and Curaçao operators, recoverable in law, hard to enforce

Crypto casinos and platforms with a Curaçao licence are widely represented among the online casinos visible on the Austrian market. Legally, the recovery of losses from these operators is to be conducted along the same line as for Maltese casinos. The real difficulties lie not in the substantive law, but in enforcement. This article explains the specifics, the risks and the conditions under which proceedings can still succeed.

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