Welches Online Casino

Welches Online Casino – At the beginning of 2021, the judgment of LG Gießen confirmed that the return of online gambling stocks is possible. A period of time has passed since then and there have been many decisions in support of the players in the courts of different districts.

In particular, the current reference decision of the Supreme Regional Court in Frankfurt. M. confirms the view of judges LG Gießen. The casino operator was therefore unable to appeal the decision of LG Gießen. This is the first ruling of the Supreme Court of the state, which makes it very gratifying that it is positive. This allows players to expect a refund.

Welches Online Casino

Welches Online Casino

Online gambling has become more popular in recent years. According to statistics, about 35% of the German population plays online games of chance. In particular, online casinos are common in Germany with a market share of 55% of the total gaming revenue (as well as the online provision of regional lotteries). Global sports revenue is estimated at €65 billion by 2021 – more than half of that in Europe alone.

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In a judgment dated March 12, 2021 (Az. 4 O 84/20), LG Gießen awarded a refund to a German online casino player for his shares (about € 12,000). A case was filed against the company “casinoclub.com” belonging to the group of companies called Entine (Bwin).

The Regional Court of Cobourg sent another positive sign with its judgment of 1 June 2021 (Az. 23 O 416/20). The provider “bet-at-home.com” has been sued. The player from the state of Bavaria was refunded €61,987.00.

The ruling of the Regional Court of Paderborn on July 8, 2021 (Az. 4 O 323/20) gives the player from North Rhine-Westphalia a refund of 132,850.55 euros against the donor.

The latest judgment of the LG Aachen of 13 July 2021 (Az. 8 O 582/20) is in accordance with the cited decisions. Here again, the plaintiff, a German citizen and permanent resident of Germany, received a refund of €21,735.00 against the casino provider.

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On March 12, 2021, the Court of Appeal against the judgment of LG Gießen announced that the appeal against the judgment of the first instance was dismissed. Therefore, the judgment of the casino operator “casinoclub.com” remains to return all contributions paid by the player.

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All online casino players have a good chance of reclaiming their wagers. After the decision of LG Gießen in March of this year, the lawyer Dr. Krieg and his colleagues pointed out that more waves of lawsuits will come from the operators of online casinos – the numerical decision mentioned above confirmed the assumption.

It is very gratifying that the 1st High Court has now spoken which has strengthened the backbone of the consumers. There is great support for the decision.

So far, all judgments are comparative. The players were paid and (partially) refunded their shares, in exchange for a guarantee of confidentiality. It is also a sign that operators expect to return the shares in full.

Legal status is measured on different levels. On the one hand, there is a fundamental assessment of private law, on the other hand there are situations in which criminal law is assessed.

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The legal relationship between the player and the online casino, based on which the player first makes a deposit (gambling contract), can be considered void from the beginning. This happens if the legal transaction on which it is based violates a legal prohibition and no other legal prohibition arises (cf. § 134 BGB).

This legal prohibition is set out in Section 4, Clause 4 and Clause 1 of the State Gambling Convention. It is clearly stated there that “

Without this permission, organizing (illegal gambling), acting as an intermediary and participating in funds related to illegal gambling […] [is prohibited.

Welches Online Casino

In 2017, the Federal Administrative Court found these standards to be compatible with Union law and the constitution (Federal Administrative Court, judgment of October 26, 2017 – 8 C 18/16, NVwZ 2018, 895; Supreme Court Register of Cologne. May 10 , 2019- This was confirmed in his ruling that – 6 U 196 / 18). Exceptions according to § 4 Abs receive licenses from authorities in places such as Malta and Gibraltar, but not in Germany (only with the exception of Schleswig-Holstein; you can see here list of authorized providers).§§ 4 Paragraph 4, meaning § 134 BGB para.

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If an online casino still offers players in Germany the opportunity to participate in online gambling without the official approval of the federal state, it is a violation of the legal prohibition. It does not matter whether the parties are aware of the prohibition or not (Heidel/Hüßtege/Mansel/Noack, BGB General Part / EGBGB, 4th edition 2021, § 134, paragraph 51). Even the years of tolerance of the competent authorities do not change the fact that the legal prohibition has been violated.

According to Section 812 of the German Civil Code, every person is obliged to return what he has received by performance (or otherwise) without legal grounds. Since the contract – as shown above – is void, there is no law that allows the casino provider to keep the money deposited by the player. Also, the player can ask the casino to return the wrongly deposited money.

However, if the giver (ie the player) and the recipient (casma) both violate a legal prohibition, there is a special feature in which reimbursement is excluded – mutual violations (cf. § 817 BGB). The player committed an offense under Section 285 of the Penal Code for engaging in illegal gambling.

This is often central to the decision. For example, in recent years, the courts have taken reciprocal violations, denying the possibility of return. Because all the above decisions are based on a general idea that limits the scope of § 817 BGB (teleological reduction) and therefore should leave room for restoration. If you refuse recovery, it will be an additional incentive for those who started these schemes – which are actually breaking the law – to continue, because you have money and you don’t have to worry about paying anything back. . The protective purpose of §§ 4 chapter 4, chapter 1 GlüStV is to protect game participants from addictive, destructive and/or fraudulent gambling (cf. Palandt-Sprau, BGB, 79th edition, 2020, 2020, 1. chapter 18). Therefore the protection serves the customers in particular (Explanation GlüStV, Status: December 7, 2011, p. 7, 18).

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Even if the player has violated § 285 StGB, this does not prevent a refund. “

On the other hand, it is highly controversial if one recognizes the legislative intent to protect consumers. On the other hand, the act of the consumer correctly participating in the risk to protect him may result in the exclusion of the claim.

“(LG Aachen, judgment of July 13, 2021, Az. 8 O 582/20, paragraph 40; LG Paderborn, judgment of July 8, 2021 – 4 O 323/20, paragraph 92).

Welches Online Casino

A will help you enforce your claim against the online casino. In particular, this also applies to online casinos with a European license. What matters is that you, the injured person, are from Germany.

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Legal defense insurance usually does not cover gambling problems. But because you don’t have to handle your legal dispute at your own expense, we offer you the option to accept an emergency fee in special cases if the legal requirements are met, in addition to the standard allowance under the Legal Wages Act. .

We also promise that if the out-of-court process is unsuccessful, only what is known as an overpayment will be charged. The amount of the negative property value can be agreed separately with us.

Your best chance to win is to go to court. In this case, you can consider what is called legal aid, which provides you with financial assistance.

Office of Dr. Krieg & Kollegen from Cologne is a strong partner on your side and will check if a claim against an online casino operator is possible.

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