Bank customer in Austria may potentially retrieve funds lost in online gambling, as legal proceedings are underway to claim compensation from the financial institution.
Title: Taking on the Gambling Goliath: An Austrian Player's Epic Battle for a 27,000 Euro RefundAuthor: Timm Schaffner, Edited by Angela BurkePublished on: 06.05.2025. Updated on: 19.06.2025.
- An Illicit Casino's Unlucky Victim Chases Down a Refund
- Maltese Law Holds Steady, but the Austrian Supreme Court Breaks the Bank's back
- Player Plots a Lawsuit Against the Bank of an Illicit Gambling Empire
A Prolific Online Scoundrel Bites the Dust, but Legal Eagles Soar in Austria
An unlucky Austrian gambler reckons his hard-earned 27,000 euros to an illicit online casino in Austria and is now on a relentless pursuit to reclaim his fortune, as revealed in a recent Der Standard report.
This shady online casino's sinister operations in Austria (and, let's be honest, many other places) are an open secret. But thanks to Malta's Blind Eye Bill No. 55, foreign gambling companies plaguing Austria can breathe a sigh of relief, as they're immune from lawsuits overseas.
The stinky law, which hobbles all the way back to two years ago, shields Maltese casinos from repaying losses from illegal gambling business dealings. And despite the European Union Commission breathing down its neck, investigating the law for violation of EU justice administration, the dubious rule still stands firm.
The Word is Out: "Game Over" for the Unscrupulous Operator, BUT the Bank is next on the Hit List
The Austrian Supreme Court (OGH), in a landmark ruling under the case number 3 Nc 72/24d last December, declared that casino losses can be reimbursed, even when the operator shows no intention of complying with the legal ruling. But this apparently is not enough to deter the rogue casino.
Not to be deterred, the plaintiff has moved the game to another level — shifting the focus from the notoriously elusive casino to the bank where the gambling company's ill-gotten funds reside. So far, the bank has refused to part with the suspect funds.
The plan to reclaim her hills of cash? A third-party liability lawsuit against the bank, with legal eagles from neighboring Germany joining in the struggle.
The EU Reckons with a Confusing Game of "House Advantage"
On April 9, 2025, the European Court of Justice was slated to decide if foreign gambling outfits can wriggle out of the legal noose, even if they lack a license to operate in a host country, solely on the basis of the freedom to provide services under Article 56 of the Treaty on the Functioning of the European Union (TFEU).
While this ruling primarily addresses the German context, it could shake up the EU gambling landscape in its entirety. It's anyone's guess whether national gambling laws within the EU will rear their heads over the EU's freedom to provide services.
Regrettably, the exciting finale won't go down before July 10, 2025. And since the case harks back to the past, whether it'll serve as a roadmap to the future remains a complete mystery.
The Drawn-Out Battle Till the (Very) Last Drop
If the lawsuit against the bank falters or the payout is delayed, the player is eyeing bank deposits at the European Central Bank (ECB) as a potential trump card. But this could stretch the legal battle into an epic marathon, as experts prophesize the verdict could set a groundbreaking new precedent that requires meticulous preparation. Given Austrian gambling litigation's status as a legal battleground, no one's in a rush.
But there's a silver lining: The player has already assigned her claim against the litigation funder, Jufina, and might have already cleared a portion of her fortune.
Insights:
- EU member states control their gambling markets, often leading to fragmented regulations and contentious legal environments for gambling businesses
- Increasing EU regulatory pressure could make online gambling operations more transparent and accountable
- A player pursuing recovery in Austria would need to prove bank complicity or exceptional grounds for successful litigation
- Cross-border enforcement issues and national restrictions complicate straightforward legal remedies for players in the EU.
- What about filing a lawsuit against the bank's finance department, given the gambling industry's fintech connections and the bank's alleged handling of the ill-gotten funds?
- Despite the ruling by the Austrian Supreme Court, it appears the fintech industry in finance is becoming the new battleground in this Austrian player's relentless quest for her 27,000 euros refund.
