ECJ: Can thousands of players reclaim their losses from Tipico?
Updated on March 19, 2026
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On March 19, 2026, the Advocate General of the European Court of Justice delivered his opinion in case C-530/24. His reasoning confirms that aggrieved players have valid claims. According to the Advocate General, this applies even if errors were made by the German state in the licensing procedure.
The background to the proceedings is that gambling providers have been offering their services online without the required German license since at least 2012, thereby disregarding the player protection measures stipulated by the German state. The services were illegal.
The German state could hardly intervene in this situation, as its own errors in the licensing process had tied its hands. The players were at the mercy of the gambling providers; intended player protection regulations were rarely observed.
In particular, the defendant in the underlying proceedings (Tipico) has gained a significant market advantage in this way. Tipico has secured its market leadership through its illegal offerings and partial disregard for the player protection provisions of the 2012 Interstate Treaty on Gambling. As a result, thousands of players have suffered substantial losses.
Significant damage has been done to society. A substantial portion of German society has developed gambling disorders. According to the Gambling Atlas, as early as 2023, 2.3% of the population exhibited a gambling disorder – this represents 7.7% of all gamblers, or approximately 1.3 million people in absolute numbers. It is noteworthy that young men with low net household incomes and low levels of education are particularly vulnerable to developing gambling disorders. This target group has been specifically targeted by the gambling industry, whether in the selection of locations for land-based gambling establishments or in the advertising and design of online gambling. This targeting by gambling providers has paid off; individuals with problematic gambling behavior generate a high percentage of revenue. Depending on the form of gambling, this can amount to up to 76% of total revenue. The upcoming rulings of the European Court of Justice and the Federal Court of Justice also and especially concern these particularly vulnerable individuals.
The Advocate General of the European Court of Justice has now clarified that there are no obstacles under EU law to the recovery of losses from illegal gambling. Member States, including Germany, are free to strictly regulate access to gambling for providers in order to protect society. This regulation can also address claims for reimbursement if the service was offered illegally, contrary to the applicable regulations. The Advocate General thus confirms the legal opinion of the German Federal Court of Justice, which, in its referral to the European Court of Justice, already made it clear that it assumes a right to reimbursement of losses from illegal gambling.
As a rule, the European Court of Justice follows the Advocate General's opinion. It is therefore expected that a corresponding ruling from the ECJ will be issued shortly, confirming that German players will be compensated for the injustices they suffered and the losses incurred.