"A gaming contract that violates a legal prohibition is absolutely void; and what has been paid on the basis of such a contract can be reclaimed from the point of view of unjust enrichment." (BGH judgment of July 12, 1962, file number VII ZR 28/61
Our BGH was already so wise in 1962. And since the state treaty in 2011, there has been a complete ban, in accordance with the EU.
That just has nothing to do with the extent to which these company structures or their managing directors are liable in the event of liquidation or insolvency. If it were that clear, the litigation financiers would happily continue to accept these casinos, but they don't. They obviously assume that there is nothing left to be gained.
That was foreseeable and to be expected. The BGH also handled Schufa in the same way. They had a case to be heard and stayed until the judgment of the ECJ. Up to now they had mostly always made decisions in accordance with Schufa. Over 🤣🤣. It will be the same in this case. So the defendant then gets twice as much damage, from the ECJ and the BGH, lol.
"Obviously not even the litigation financiers believe that it's so easy to get money back from insolvent or liquidated casinos"
Hello, that's right, and it's no different in Germany either, but for a different reason than you think. This is simple: At the time of the insolvency proceedings, creditors (players) must submit their undisputed ( if litigation has to be carried out, it is disputed! ) or stated claim (the judgment, etc.) to the liquidator (in the event of dissolution) or insolvency court (in the event of insolvency) up to must be displayed (registered) on a deadline! If you're interested, you can find more INFO here: https://liquidation-gmbh.de/gmbh-aufloesen/gmbh-aufgeloest-fordenen/
It is evident that given the possible duration of a trial of 2 or more years, the title (if necessary) could be won too late. This is the reason why litigation financiers refuse to take over in the event of (even impending) liquidation or insolvency, nothing more, but also nothing less!
You are also right that the jurisprudence in Austria is different than in Germany; But things will be just as different in a "banana republic".
But that's not what this is about at all, it's essentially about the fact that people who write and get information here usually already have a title and are afraid that they won't get their money and about those who may be faced with the question "To file a lawsuit - or not?".
If there is " complaining " here - like: " Help, we're all going to inherit steeee " - from (hopefully ex-) players who already have a title and have to carry out the "execution" because the convicted ones still don't pay, then They fail to recognize that they had already lost everything before winning the title, so they took the risk of losing while gambling by paying real money and now, with the help of the litigation financiers , they have been given the chance to get the gambled money back for free (!!!). to get back .
So if instead of sowing confidence - which is absolutely legally (!!) justified - doubts are spread about enforceability - which is unfounded - then a disservice is being done to those affected, which will make the casino operators "smirk" if they talk about it here read (which can be assumed!), it shows that their strategy of spreading uncertainty using any means (delaying, introducing illegal laws, ...) is successful, and I even wonder whether behind one or the other According to other articles posted here, there isn't even a middleman in the casino operator!
Economics Minister Silvio Schembri is responsible for "pushing through" Bill55. He introduced it into parliament and ensured that it was passed into law " at record speed!!! ". Mr. Schembri's motives can be based on two things:
But I have no understanding for a "fear-stirring" post here, nor for Mr. Schembri's motives, no matter what they may be.
With respect, I have - with respect - on the one hand the (minimum legal) knowledge necessary to assess the legal situation (without being a lawyer, but acquired in related studies) and on the other hand I do not have the necessary unscrupulousness to judge Minister Schembri's behavior well To be called!
Best regard
Yes, so it should probably come from the ECJ by March...
So do you think Malta has more problems then? Only the ECJ can actually dictate something to them, right?
Have you heard Bill55 or Spotify?
That's how it is in case law
OBER ignores the fact that the EU Court of Justice is above the highest courts of the individual states. Of course, they will either withdraw the law or Malta will face infringement proceedings. Since almost 12% of Malta's tax revenue comes from gambling, they will be careful not to go against the EU Commission and the ECJ. Germany is simply lucky that the market is by far the largest in Europe and that is why all casinos have paid out or compared the verdicts from Germany. The lawyers always ask the court whether the casinos want to rely on Bill55 and not pay. Something like this would then be noted in the conclusion of the proceedings and in the verdict. With this judgment it will then go to the GGL and they will then examine the withdrawal of any permission that may have been granted, etc. But the Austrian judgments will also certainly be paid out, I am sure of that. They leave you floundering because you have nothing to offer them other than a license that makes it worthwhile to eliminate past mistakes and make payments to the players. But this increase to 10,000 is still incomprehensible. Mr. Cocron, the 1000 euros in the potcast were far too high.
Well written, for me as a legal layman.
The most important ally, besides the lawyers and the ECJ, is a regulation in the EU, which all members had to sign upon admission, that everything that happens in the EU goes hand in hand with the EU and is considered constitutional. Malta has also signed this document, so from that point of view, with Bill55, Malta is now opposing EU law, no matter why you do it, or the bribe was so exorbitantly high that the minister couldn't help it 😂😉
A small addendum: the EU then puts the pressure on Malta, not the court. That only decides whether this mafia law (Bill55) is contrary to Union law or compliant with Union law. The responsible EU Commissioner will do the rest.
Yes, that's clear.
Actually, everyone just wants to know how long this will take 😅 and whether Malta will give in straight away and pay out the money.
Another question for you, does anyone already have the verdicts from January 17th? read
concerns Mr Green…
If I understood correctly, the application was rejected? Quasi appeal rejected? How can that be
You will have to. It's that simple. Even the specter with the insolvency of operators, we eat it too hot, as it is cooked. I think that Germany can at least be a pioneer in this regard, because they are now issuing the licenses, but the operator is also constantly checking the reliability. And most of the people who have a license here now also work in Austria, IF I have informed myself correctly. And Deutschkabd will pay close attention to whether they then make their payments to you. By the way, there is an online gambling ban in almost the entire EU. Even in Switzerland. Then there is GeoBlogging. It would be nice to see if the casinos in Malta were only allowed to operate in Malta, lol. You have an official license, a Maltese license.
On the other hand, I would be interested to know whether they wouldn't complain in exactly the same way if a German company operator, let's call him Gauselmann, who has a German license, only with the German license, were to operate in Malta, lol.
An appeal to Malta??
Yes, read the judgments, the procedures were marked with call signs.
If that is the case, the question now arises as to how long this ruling will remain valid. There is a final constitutional ruling from Austria. To what extent the ECJ needs to be consulted again about this or not, there is no plan. I think that this judgment will be null and void according to the ECJ decision.
Haven't seen one here yet. But I only skimmed when I received a personal answer.
Another question. How many of the executions or proceedings in Malta are Austrian proceedings? You always see the judgments, are there any German proceedings there, with German judgments?
No, actually I only see Austrian ones
TSG alone has over 70 proceedings currently underway.
You see, then ask yourself why. I almost thought so
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