The Court of Justice of the European Union (ECJ) has ruled that EU residents who placed online bets that were illegal in their home country at the time may bring civil claims to recover losses from the betting operator. The judgment arose from questions referred by Maltese courts in a dispute involving a German resident who lost money on online slot and lottery‑prediction bets between June 2019 and July 2021, a period when such gambling was prohibited under German law. The operator involved held a Maltese licence.
The Maltese courts asked whether member states can prohibit online gambling despite EU rules, whether EU law prevents gamblers from seeking restitution on the basis that the bets should not have been allowed, and whether a later change in domestic law (Germany relaxed its rules in July 2021) alters the legal situation for earlier bets.
The ECJ confirmed that online gambling is generally a service, which would typically fall under the EU principles allowing cross‑border provision. However, the court held that the freedom to provide services may be restricted for legitimate public‑interest objectives such as consumer protection and the protection of the social order. The court stressed that online gambling presents particular risks compared with land‑based betting — including constant access, player isolation and anonymity, potentially unlimited frequency of play, and heightened appeal to young or vulnerable people — and therefore more readily qualifies for such restrictions.
Importantly, the ECJ said that Germany’s subsequent decision to legalise the activity from July 2021 does not change the legal assessment of bets placed while they were illegal. The court also ruled that “EU law does not preclude … a civil action for restitution of the stakes lost,” meaning national courts can entertain claims for refund and award restitution where appropriate.
The decision opens the door for the German claimant — and potentially other EU residents who lost money on online gambling that was illegal in their member state at the time — to seek reimbursement through domestic courts.