Newsroom / News / Media / Info Magazine LGP NEWS 02/2022 / LGP initiative against illegal gambling

LGP initiative against illegal gambling

LGP initiative against illegal gambling

In Austria, games of chance are regulated by the Gaming Act (Glücksspielgesetz, GSpG). Online casinos that do not have an Austrian licence are invalid under case law and therefore ineffective. Many players often do not know that they can successfully reclaim verifiable losses by filing a lawsuit in court. 

Quarantines, lockdowns and social isolation: rarely has the range of entertaining activities on offer been so limited as in recent months. As a result, numerous online gambling providers have lured their customers to the internet with irresistible offers and truly fantastic opportunities to win. Unfortunately, however, they lack two very important elements: legality and player protection. The latter, in particular, is becoming more and more important, especially since increasing numbers of people are falling victim to the siren calls of unlicenced gambling providers due to the pandemic. While licensed providers have to implement and comply with a number of player protection measures, unlicensed providers on the internet seem to move in a legal vacuum. 

Online casinos without a licence are mainly offered by operators who do not have a legally required licence under Austrian gambling law. In this country, only win2day is in possession of a valid licence under the Gaming Act. All other online operators regularly disregard the consumer protections of the Austrian Gaming Act, especially since they are operating without a valid Austrian licence. 

Not least due to our many years of experience and specialisation in the field of gambling law, we have decided to pay special attention to acting against unlicensed gambling companies. According to Austrian law, gambling contracts with these providers are utterly void: the money lost can thus be legally reclaimed. This has been and is confirmed not only by the CJEU, but also by all three national supreme courts in Austria in ongoing case law. 

During strict lockdowns and quarantines, many people from all walks of life tried their luck in online casinos. The most popular games were slots (approx. 95 %), poker, roulette and blackjack. It should be mentioned that losses from sports betting cannot be reclaimed, as this is regulated separately and not subject to the strict licensing system under the Gaming Act. 

By cooperating with experienced litigation funders, those affected by such issues do not run any risk. The legal proceedings are fully financed so that former online gamblers do not incur any costs. If you are affected, LGP will sue for your gambling losses and help you to get the justice that you so deserve. By the way, the statute of limitations for lost amounts is 30 years: we would be happy to check for you whether you can take action to reclaim your losses. 


Dr. Julia Andras, Attorney-at-Law and Managing Partner at LGP

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