Provider

Reclaim PokerStars losses in Austria

Online casino without an Austrian licence.

Poker No Austrian concession

Have your PokerStars losses assessed

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

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    Provider data

    Registered office
    SPK 1000, Malta
    Contracting party
    TSG Interactive Gaming Europe Limited (C54266)
    Licence
    Malta, Lizenz MGA/B2C/213/2011
    Parent group
    Flutter Entertainment plc
    Products
    Poker
    Austrian concession
    no

    Anyone who has lost money with PokerStars 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

    PokerStars (operated by TSG Interactive Gaming Europe Ltd. based in Malta) is the world’s best-known and historically largest online poker platform.

    The operator and its licence

    PokerStars is operated by TSG Interactive Gaming Europe Limited (C54266), based in SPK 1000, Malta, and runs online poker for money for the European market. The company holds the licence Malta, Lizenz MGA/B2C/213/2011. 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 TSG Interactive Gaming Europe Limited (C54266) 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

    TSG Interactive Gaming Europe Limited (C54266) belongs to Flutter Entertainment plc. The group operates several gambling brands through dedicated operating entities. Which entity was the contractual partner in a given case follows from the general terms in force at the time of registration.

    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

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

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

    Frequently asked

    Frequently asked questions about PokerStars

    Is PokerStars legal in Austria?
    PokerStars is operated by TSG Interactive Gaming Europe Limited, based in Malta, and holds no concession under the Austrian Gambling Act. Yet anyone offering online poker or casino for money to players resident in Austria needs exactly that concession. Without it, the gambling contract is void under the settled case law of the Austrian Supreme Court.
    Can I reclaim my losses with PokerStars?
    Because the gambling contract is void, the stakes were paid 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. Whether and to what extent a claim can be enforced in your case is something we assess free of charge, based on the loss amount and the period concerned.
    Can a judgment against PokerStars be enforced in Malta?
    The Brussels I Recast Regulation is formally applicable to the enforcement of an Austrian judgment against the Malta-based operating entity. In practice, enforcement on Malta is delayed or obstructed by the Maltese 'Bill 55', which is why proceedings often end in a settlement. We assess commercial enforceability concretely before filing.
    How long do I have to reclaim my losses?
    Claims based on unjust enrichment become time-barred only after thirty years under § 1478 of the Austrian Civil Code. In principle, even older losses with PokerStars can therefore still be pursued. We check the exact period as part of the initial assessment.
    What does the initial assessment cost?
    The initial assessment is free and without obligation. For the review, the operators concerned and an approximate total loss are sufficient, you do not need to gather documents yourself. A response from Dr. Peschel arrives within a few business days.