PartyPoker: reclaim poker losses in Austria

Have your PartyPoker losses assessed

Free initial assessment. You give the loss amount, the operators and the period, the reply comes directly from the firm.

These names appear on your bank statement

Your bank or credit card statement usually does not show the brand PartyPoker, but the name of the operating company: Martingale Europe Ltd.

These names make it easier to find your own payments in the statements. Whether a recovery claim follows from them is assessed free of charge in the individual case.

Anyone who has lost money with PartyPoker 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 the recovery of online-poker losses in settled case law.

About the brand

partypoker is one of the oldest and most established brands in the online gambling sector (founded in 2001). The company today belongs to Entain plc, one of the largest listed gambling groups in the world (which also includes bwin and Ladbrokes, among others). While the name historically stands for a vast poker network, the brand also runs the partypoker Casino under the same roof.

The operator and its licence

PartyPoker is operated by Martingale Europe Ltd., based in Gżira, Malta, and runs online poker for money for the European market. The company holds the Malta Gaming Authority licence MGA/CRP/688/2019. 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 poker losses are recovered

Under settled case law of the Austrian Supreme Court, contracts between Martingale Europe Ltd. and players resident in Austria over online poker for money 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 or ElectraWorks Limited, both 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, PartyCasino, CasinoClub.

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. Oliver Peschel arrives within a few business days. Send a request or read the recovery guide in detail.

Legal basis by product

Poker: Austrian Gambling Act (GSpG), depending on the game mode

Provider data verified and continuously maintained. Updates are tracked in the provider overview.

What players ask most often

What does the initial consultation cost and how does it work?

Free of charge and without obligation. You send us your list of casinos and loss amounts, we assess prospects, clarify funding options and usually reply within a few working days. A phone call is possible but not mandatory. Only when we agree on the mandate and you sign the mandate agreement do we start the actual work. Before that, no costs arise for you.

Are crypto casinos also actionable?

Yes, for two reasons: first, gambling with crypto stakes is subject to the Austrian Gambling Act because the element of staking something of value is met. Second, none of the typical crypto casinos (Stake, Roobet, Bitstarz and the like) holds an Austrian concession. Recovery follows the same rules as for fiat casinos. The additional challenge lies in enforcement, because many crypto operators are based in third countries such as Curaçao. We assess economic enforceability on a per-case basis.

How far back can I sue for losses at online casinos?

Unjust-enrichment claims arising from void gambling contracts are subject to a 30-year limitation period in Austria (§ 1478 of the Civil Code, ABGB). Losses from the past three decades are therefore in principle actionable, provided the operator had no Austrian concession during the relevant period. Documentation becomes harder the older the losses, because casinos only provide playing histories for a limited time. Keep old bank statements and operator e-mails, both help with evidence.

How does communication with the law firm work?

The mandate process is fully digital. You send us your loss list by e-mail or via the contact form, we review, get back to you with an initial assessment and provide the mandate agreement and power of attorney for electronic signature. In-person meetings are not required but are available at any time. For follow-ups you reach Dr. Oliver Peschel or his team directly, no call centre and no automated queue.

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