Execution Pokerstars. Apparently, payment is not voluntary (page 54)

Then maybe you should practice the German language more if you are so untalented. No idea without end, but mark the fat Paul.

No problem reading the text even auto-translated to English, by the way. 🙏

Shall we skip these "pleasantries", please?

If a subsidiary goes bankrupt, the parent company is only liable for the share capital it contributed. She is treated like a traditional partner. However, there are also cases in which the parent company is liable for the subsidiary with more than its share capital.

Loss compensation and loss absorption from the parent company

If losses occur at a subsidiary, there are claims against the parent company. This loss compensation claim regulates the compensation of losses by the parent company: After conclusion of a control and profit transfer agreement, the controlling company is obliged to compensate for the losses of the subsidiary and to guarantee security for its creditors after its termination. The claim for loss compensation is based on Section 302 of the German Stock Corporation Act (AktG). Any annual deficit of the subsidiary must also be compensated by the parent. Claims only become statute-barred ten years after the termination of the control or profit transfer agreement. The key date is the deletion from the commercial register.

So there are certainly ways to get to the parent company, as many of these casino companies are probably listed on the stock exchange.

But then I'm out of there too. 😁

very well with copy-paste the texts at least make sense....however I can tell you that the casinos have a disclaimer in their terms and conditions according to which their parent company has nothing to do with the illegal operation of the casino by its subsidiary is liable for it and our courts (at least in Austria) let them get away with it

Hello Spieller123,

In my opinion, anyone who has a legal claim (undisputed claim, title, i.e. court judgment, etc.) only needs to worry if their opponent files for bankruptcy .

Regarding your further comments

a) "... but will not officially create/display a legal successor..."

Pretty impossible "registration requirement"!

b) "So it can definitely happen that you set up a new xx LTD that doesn't have to take on the liabilities. In such a case you would be left empty-handed."

Exactly, that's the practice (I also described it)." This isn't just with resolution (which you can

If you can and still want to pay, it is simply impossible to achieve future claims

to do) even in the event of insolvency/bankruptcy if one becomes insolvent.

c) "In this scenario, I of course also assume that the balance sheet is manipulated accordingly..."

No, you're really looking at this wrong, these would be "undeniably intentional" crimes that would then be...

Malta, the "backers" are not that stupid! (you don't saw off the branch on which

you sit!)

d) "If I read through your further explanation including the potential revocation of the German license

the GGL..."

The GGL has actually positioned itself quite clearly! You and everyone else here have to

just understand that a law is a law (in Malta, Bill55, which gives the judges the

currently makes execution impossible) and it remains so until a "(higher) body" (parliament,

Constitutional Court, ECJ, etc.) it "tipps" again. And execution is only necessary if...

Companies do not pay willingly despite their title, and only then does Bill55 even take effect! It was here

already written that the companies that have applied for a gambling license (in Germany), or

already own, cannot hope to receive the license under a new name or be allowed to keep it if

they do not adhere to court rulings under their old name! This is exactly why they fight back

Claws and teeth, go into appeal or revision proceedings, even if they had to recognize and

have to make sure that the verdicts speak against them! Those who already have a legally binding judgment

can no longer be challenged by any legal means, you now only need one thing: patience!

e) "How do you see the risk of liquidation and how will you proceed?"

In the event of a liquidation, the risk is that the (undisputed) claim (or title) will not be received in a timely manner

was registered with the "Liquidator", nothing more, but also nothing less!

I won't accept a comparison, argue and wait, and wait, ..., pass on, smile.

"Get your ass up", show your teeth, fight!

I reiterate that this is not legal advice! You have - everyone here has a good lawyer - who knows what he's doing, otherwise you / all of you - including me - wouldn't be dealing with communications here!

Have trust in your lawyers - I don't even have a litigation funder and I don't regret it, because the rule is: whoever fights can lose, whoever doesn't fight has already lost!!

greeting

I'm not a lawyer. In this respect, this is not legal advice or legally binding information.

I also don't know the Maltese regulations/laws on enforcement.

However, these funds are "secured" and will only flow to the creditor according to the enforcement order or the authorized recipient after the end of the procedure!

greeting

What I don't understand

Jokerstars continues here in Austria. As if nothing had happened. They also lure customers with various bonuses.

It can't be that we don't catch these bandits. Everyone is watching and nothing is being done. criminal

That's what I tried to explain to him the whole time, that the title money is in the Maltese courts and as soon as the ECJ has to rule on it again and infringement proceedings begin against Malta because of the law that violates EU law, the money goes to the creditors and the interest goes against it and run and run. You're absolutely right.

Thereafter, no Maltese court will be allowed to block or deal with a European title that has been declared.

They wouldn't have been allowed to do that before, but because of this transparent law, the courts in Malta were probably not sure, even though European jurisprudence on this is completely clear.

I'm also taking part in the execution proceedings in Malta against Pokerstars. Does anyone know whether the claims are currently being bought up by someone and what percentage of the claim amount can be expected?

Thanks

Why do you want to sell your claims? Your execution proceedings are already underway

I wouldn't be so sure whether the funds will really remain "secured" in these Maltese court accounts until the ECJ decides. Maybe they simply give the money back to the criminals after refusing all enforcement?!? Nobody buys such claims, these purchase offers are only available at casinos where the providers know that they are willing to compare, there are only very few of them....and even these purchase offers are extremely low even though they only offer casinos where they know that they will get something ....quite a rip off!

Well at least that's what it says in the judgments... until there is a decision, the funds stay there.

Until there is a decision from whom? They decide for themselves and are not bound to wait for any ECJ rulings...at least that's what I assume.

Well, on the decision of the ECJ. They were sent 7 questions to which the EU Commission has to answer within a certain time

Even the BGH waited for the ECJ's ruling until it finally ruled for a consumer, against Schufa. The previous BGH rulings, including those on the score back then, or whether they had to give up everything, would be in favor of them Schufa decided.

Furthermore, the Darmstadt/Hesse Administrative Court appealed to the European Court of Justice at the time regarding questions about the GDPR in connection with Schufa.

Since the Maltese courts, like the BGH, are lower courts, they are of course waiting for the judgment from the ECJ. Until then, no Maltese court will judge, otherwise you might get slapped if the ECJ decides against the casinos, which is 100% in my opinion. But since here in Germany the Federal Court of Justice categorically rejects a suspension, in matters of online casinos because the legal situation is clear in Europe, or by the ECJ, the judgments here continue to be made in favor of the consumers (players), but you know that Yes. 😊.

Best regards

PS The uncertainty of the Maltese courts is based solely on the fact that the corrupt Maltese government has introduced a law that is contrary to the Union and is only there to protect the casinos.

About this Bill 55.

For me, it is like any other online business. You as a visitor should read the T&Cs of the online business you are visiting and should sign in or leave the website.

If you buy shoes from a Maltese online shop and you are from Austria or Germany, which law will decide if the shoes should be returned? Maltese one, German or Austrian one?

When buying on Aliexpress from German IP, do you expect Aliexpress should follow German law? Do you expect that the products were TUV certificated and tested just because you bought them from Germany? I know it is outside of EEA, but the principle is still the same - you wanted to try something cheaper or different than your regulated market with high Mehrwertsteuer (and then you will complain).

I'm from UK and not happy that we left EU, however, if you buy something from amazon.co.uk it is different from buying it from amazon.de - but you are still allowed and you are not able to get the refund by German law, UK law will do the same for you as you are a customer of UK online store.

I believe that Bill 55 is not saying that Maltese law will protect casinos, not the players. But German GGL is insane with those crazy rules enforced on their citizens. Are you aware you are playing with 5-second spins, and RTP is a minimum of 7% down because of your tax-per-spin law? Even though I'm working in Germany, I play in casinos abroad with an Austrian SIM card as I think that your regulator sucks.

Hopefully, this will bring some other point of view, maybe not politically correct, but a logical one.

Yes, but you're talking about German dishes now, right?

I meant the Maltese dishes.

The situation is also clear in Austria and there are already judgments regarding the monopoly from 2011...

They're just playing for time anyway, otherwise some of them wouldn't get the license in Germany and carry on like that.