Provider
CasinoClub
Online casino without an Austrian concession. The EU contracting party for the Austrian market is Maltese Martingale Europe Ltd.
Provider data
- Registered office
- Gżira, Malta
- Contracting party
- Martingale Europe Ltd.
- Licence
- Malta Gaming Authority (MGA)
- Parent group
- Entain plc
- Products
- Online casino
- Austrian concession
- no
Anyone who has lost money with CasinoClub can reclaim that loss under Austrian law. The operating entity does not hold an Austrian concession, the gambling contract is therefore void and the stakes are reclaimable on the rules of unjust enrichment. The Austrian Supreme Court has confirmed this line in settled case law, most recently in 6 Ob 31/24p.
The operator and its licence
CasinoClub is operated by Martingale Europe Ltd., based in Gżira, Malta, and runs an online casino for the European market. The company holds a Malta Gaming Authority licence. It does not hold a concession under the Austrian Gambling Act. Yet anyone offering gambling services to players resident in Austria needs exactly that concession.
How casino losses are recovered
Under settled case law of the Austrian Supreme Court, contracts between Martingale Europe Ltd. and players resident in Austria are void. The amounts paid in were transferred without a valid legal ground and are reclaimable on the rules of unjust enrichment (§ 1431 ff. of the Austrian Civil Code). The Supreme Court confirmed this line most recently in 6 Ob 31/24p. The limitation period is thirty years (§ 1478 of the Civil Code).
The group behind the brand
Martingale Europe Ltd. belongs to Entain plc, an international gambling holding. The group has progressively relocated EU contracting from Gibraltar to Malta following Gibraltar’s exit from the EU. Earlier contracting parties such as LC International Limited, based in Gibraltar, are no longer relevant for new contract conclusions with players in Austria. Which entity was the contracting party in a particular case depends on the time of registration and the dates of stakes and is clarified on the basis of the applicable General Terms and Conditions.
Our provider overview also lists the following brands from the same group: bwin, partypoker, PartyCasino.
Jurisdiction and enforcement
Claims are brought before the Austrian court of the player’s place of residence. The Brussels I Recast Regulation is formally applicable to the enforcement of an Austrian judgment against a Malta-based company. In practice, enforcement on Malta is delayed or obstructed by the Maltese “Bill 55”, which is why proceedings sometimes end in a settlement. The settlement amount is negotiable in the individual case and regularly falls below the full claim. Commercial enforceability is assessed before filing.
What you need to start
For a free initial assessment, the operators concerned and an approximate total loss are sufficient. You do not need to gather documents yourself, the firm does that. A response from Dr. Peschel arrives within a few business days. Send a request or read the recovery guide in detail.
Legal basis by product
- Online casino
- Austrian Gambling Act (GSpG)
Frequently asked