German FCJ calls ECJ in sportsbetting case

The FCJ will call the ECJ in regard to the question whether the freedom to provide services of a sports betting operator precludes the reimbursement of losses suffered by players in the context of unauthorised online sports betting (file-no.: I?ZR?90/23 - pressrelease no.: 155/24)

https://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=pm&Datum=2024&nr=138415&anz=155&pos=0

This question had been lingering beneath the surface for almost a decade and has certainly culminated in the so-called player claims that have been hitting the gambling industry in Germany for about 3 years now.

Everyone will be keen to look at what the ECJ has to say, who, incidentally, just recently suspended their own case (Vorabentscheidungsverfahren C-440/23) that was pending since mid-2023. The latter however addressed a variety of legal questions revolving around the historic prohibition on slot games and secondary lotteries.

It is safe to say that the legal & political climate has shifted in Germany.