Thousands of German players may reclaim their losses: courts have sided with them

A series of rulings by German and EU courts gives players the right to demand the return of losses incurred at online casinos during the period when online gambling was banned in Germany (2008–2021). The starting point was the case against Tipico. A final ruling by Germany's Federal Court of Justice is expected in January 2027, and lawyers are preparing mass class actions.

tafs uz editorial deskFirst published on tafs uz 16 October 2026 at 13:453 min readAI translation

The key facts

German and EU courts have recognized: losses at illegal online casinos can be reclaimed
Online gambling was banned in Germany from 2008 to 2021
The final BGH ruling in the Tipico case is expected in January 2027

Courts side with players

German courts, following the Court of Justice of the European Union, have recognized that players may demand compensation from gambling operators if they lost money during the period when online casinos and slot machines were banned in Germany. According to Deutsche Welle, such verdicts could have serious consequences: thousands of people could potentially file civil lawsuits against gambling companies.

The Tipico case

The series of rulings began in September 2025 with a decision by the Higher Regional Court of Stuttgart in a lawsuit filed by a resident of Baden-Württemberg against the Maltese company Tipico Games. The plaintiff lost about 10,000 euros ($11,200) in 2020–2022. Since online gambling in Germany was banned until 2021, the court ruled that the operator had received the money without legal grounds and was obliged to return it.

The Supreme Court ruling lies ahead

Tipico appealed the decision to the Federal Court of Justice of Germany (BGH). At a preliminary oral hearing in mid-September 2026, the court agreed with the plaintiffs' key argument: players are entitled to demand the return of losses if the company did not hold a German licence at the time of the loss. The final ruling is expected in January 2027.

The European Court's position

In April 2026, the Court of Justice of the European Union ruled that EU law does not prevent a member state from banning certain services and establishing civil-law consequences of such a ban. A licence from one EU country does not override national gambling laws in another: gambling legislation is not harmonized at the union level.

Mass lawsuits

Lawyer Thomas Dünchheim of Greenberg Traurig told DW that law firms are gathering clients — sometimes with the help of AI tools — to prepare mass class actions. People who have lost tens of thousands of euros are contacting him. “The pendulum is swinging more and more toward the consumer. This resembles a mass phenomenon like the Dieselgate lawsuits against VW,” he said. According to him, this is a lucrative business for lawyers and litigation funders, and the ones who will have to pay are the operators that operated illegally.

Risks for addicts and legal nuances

Psychologist Tobias Hayer of the University of Bremen noted four danger factors of online gambling: anonymity, 24/7 availability, cashless payments, and the high frequency of games. He had mixed feelings about the verdicts: they may ease the situation of addicts, but money suddenly received without addressing the underlying problems carries a risk of relapse. Dünchheim warned that the lawsuits will not be simple: a player can only reclaim losses if he himself “acted unlawfully” — and the operators' defense will argue that players knowingly took part in illegal games in pursuit of bigger winnings. Tipico, founded in 2004 by German lawyers and a sponsor of top football clubs, claims to have strict consumer protection measures, but, in Dünchheim's assessment, it faces an “enormous financial risk.”