Austrian Supreme Court Case Law

Reclaim gambling losses from illegal online casinos

If you lost money at an online casino without an Austrian concession, you can recover your deposits under civil law. The basis is the settled case law of the Austrian Supreme Court on the nullity of such gambling contracts. This page explains the legal construction, the procedure and the most common questions.

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Desk in an Austrian attorney's office with a Manz ABGB commentary, a blue file folder and a notepad, soft daylight

Gaming contracts with online casino operators without an Austrian concession are void. Stakes can be reclaimed under unjust-enrichment law.

Austrian Supreme Court 6 Ob 31/24p

The legal basis

  1. Austria has a state monopoly on gambling

    Online gambling in Austria is a state monopoly. Any operator targeting Austrian players needs a concession granted by the Ministry of Finance under the Austrian Gambling Act.

  2. Operators from EU or third countries lack that concession

    None of the well-known online casinos based in Malta, Curaçao, Gibraltar or elsewhere holds an Austrian concession. Their offering therefore lacks a statutory basis and unlawfully targets players in Austria.

  3. The gambling contracts are void

    Without the required concession, the gambling contract between casino and player is void. Whatever you deposited as a stake was therefore transferred without a valid legal ground.

  4. Losses can be reclaimed under unjust enrichment law

    Payments made without legal ground can be reclaimed under Austrian unjust-enrichment law (§ 1431 ff. of the Civil Code, ABGB). That covers every amount you deposited and lost.

  5. The Supreme Court has confirmed this line

    The Austrian Supreme Court follows this reasoning in settled case law, most recently in OGH 6 Ob 31/24p. Austrian trial courts therefore have a stable supreme-court foundation to rely on.

How we run your recovery

  1. Preparing the documentation

    We obtain the playing history, bank statements and terms of service and quantify your total loss per operator. From you we only need the approximate loss amount and the casino names; the detailed material we collect.

  2. Demand letter to the casino

    We send a formal demand to the operator with a payment deadline, supported by the legal argument of contract nullity. Some operators pay at this stage, others let it go to court.

  3. Action before an Austrian court

    If the casino does not respond or refuses, we file at the player's Austrian home court (consumer jurisdiction under Articles 17 and 18 of the Brussels Ia Regulation). You do not need to appear in person.

  4. Judgment and enforcement

    After a final judgment we initiate enforcement. With Malta-based operators the Brussels I Recast Regulation is formally applicable, but in practice enforcement is obstructed by the Maltese Bill 55, which is why proceedings sometimes end in a settlement. Against third countries such as Curaçao we use additional levers, such as personal liability of the managing directors or action against European payment service providers.

30
Years, the general limitation period under Austrian law for unjust-enrichment claims
106
Operators without an Austrian concession in our current register

The exact limitation period and the procedural effort are assessed in your individual case. The first appraisal is free of charge and without obligation.

Free initial assessment

Frequently asked questions

Which gambling losses can be reclaimed?
Reclaimable are all losses from games that would require an Austrian gambling licence and that the operator does not hold: slots, roulette, blackjack, baccarat, poker tournaments and cash games, all live-casino tables, and crypto-casino losses. Sports-betting losses can also be reclaimed, but on a different legal basis (partial incapacity to contract, § 865 ABGB); see the FAQ cluster on sports betting. Lotteries operated by the Austrian concession holder are excluded.
Which losses are not reclaimable?
Losses at the Austrian concession holder for online gambling cannot be reclaimed, because the concession holder operates under a valid licence under the Austrian Gambling Act. State lotteries run by the concession holder (such as Lotto, EuroMillions or Toto) are also outside the scope. All other losses at online casinos without an Austrian concession are in principle reclaimable. Sports-betting losses follow a separate line based on partial incapacity to contract at the time of the bets (§ 865 ABGB), with a medical expert opinion serving as evidence; as a rule, an action becomes economically viable only above a loss amount of around 50,000 euros. For mixed operators offering several products, we separate losses by product and apply the appropriate legal basis to each.
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.
Are bonus amounts and free spins included in the recovery?
Reclaimable are the amounts you actually deposited and lost. Pure bonus credits granted by the casino are not part of the claim, because they did not originate from your own funds. However, if you deposit your own money to meet bonus wagering requirements and lose that real money in the process, that real-money loss is of course part of the claim. We work this out cleanly when preparing the case.
Is a lawsuit worth it for smaller losses too?
As a guideline we take on cases starting at EUR 1,000 net loss per casino operator. In specific cases the threshold may be higher; we assess every case individually. Several smaller losses at different operators can well add up and reach the threshold, because each casino is assessed separately. Send us your list and we will tell you free of charge whether a lawsuit makes sense in your case.
Will my name or playing behaviour become public if I sue?
No, we treat all names and all gambling losses confidentially. We do not issue press releases with claimants' names and we do not use client data for marketing.
How long until I get my money back?
The range is wide. If the casino acknowledges the claim out of court, payment can come within weeks. With full litigation expect six to fifteen months for the first instance, and longer in rare appeal cases. We do not promise quick payouts or work with blanket figures. In the mandate consultation we clarify which timeline is realistic for your specific operator.
Should I close my casino account before the lawsuit?
No, at least not on your own initiative. While the account is open, you have access to playing history, transactions, bonus statements and mailings. A block or termination by the casino may occur and is no disadvantage to your case. In that situation, contact us with the operators concerned and an approximate loss amount, and we will discuss the next steps together.
What does the lawsuit cost me and what cost risk do I bear?
Usually no personal cost risk. On request we arrange a litigation funder who covers all lawyer, court and expert fees. In case of success the funder keeps an agreed share of the recovery; in case of loss you bear no costs. Alternatives are legal-expenses insurance (if covered) or self-funding under the statutory fee schedule. Which route suits your case is something we discuss in the initial consultation, which is free of charge.
Do I sue alone or as part of a class action?
Austria has no true class action like the US. We run each case as an individual lawsuit by you against the relevant operator, because this is the clean procedural basis and you retain full control over your claim. Several players against the same operator are organised in coordinated tracks, which adds efficiency and bargaining strength without you giving up procedural rights. Successes by other clients against the same operator have a positive effect on comparable follow-up cases.
What documents do I need for the lawsuit?
For the first contact two pieces of information are enough: which online casinos you played at and how high your approximate total loss per operator was. All further documents such as playing history, terms of service or identity papers are obtained by us. That is part of our work. If you happen to have old e-mails or bank statements at hand, you are welcome to send them along, but it is not required.
How do proceedings against an online casino unfold?
Four steps: mandate and document collection, demand letter with payment deadline to the casino operator, action at the player's Austrian home court (Articles 17, 18 Brussels Ia Regulation), enforcement after a final judgment. Some operators pay after the demand letter, others contest the case fully; the outcome is not predictable in the individual case. If a casino contests fully, first-instance proceedings usually take between six and fifteen months. With Malta-based operators the case sometimes ends in a settlement, with the settlement amount being negotiable and regularly falling below the full claim.
Is a favourable judgment actually enforceable?
Formally yes, in practice the picture is more nuanced. Within the EU, Austrian judgments are recognised under the Brussels I Recast Regulation and no separate exequatur is required. With Malta-based operators, however, enforcement on Malta is delayed or obstructed by the Maltese Bill 55, which is why proceedings there frequently end in a settlement. The settlement amount is negotiable in the individual case and regularly falls below the full claim. With operators based in third countries such as Curaçao the EU enforcement track is not available; here we additionally examine whether the casino holds European assets, whether enforcement against payment service providers is possible, or whether managing director liability applies. Before each filing we assess commercial enforceability concretely.
What do I need to do to get my losses back?
It is best to prepare a list of all casinos at which you incurred losses. This is important because some casinos belong to the same company and the list allows us to gain an overview.
I have already issued bank chargebacks. Does that damage a later lawsuit?
Not necessarily, but it complicates the case. Casinos respond to unilateral chargebacks with collection demands or by suspending the player account. Some operators later argue in court that the player has already taken matters into their own hands. The civil route via us is cleaner, because the claim is properly titled and EU enforcement is established. If you have already issued chargebacks, document them. We factor them into how we frame the case.
Does it matter if I had self-excluded or showed problematic playing behaviour?
Yes, and it often strengthens the case. When a casino ignores a self-exclusion, fails to enforce limits or does not respond to visible signs of problem gambling, it breaches player protection duties. That supports our argument, because it is then not only the missing concession that matters but also the lack of protection. Mention such circumstances in the initial consultation; they can add leverage to the case.

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