Court in Germany asks for ECJ guidance in gambling refund disputes

Two lawsuits filed by gamblers over losses prior to the regulation of online gambling in Germany were suspended temporarily as a court asked for clarification on the matter from the European Court of Justice (ECJ).

Two gambling-related lawsuits referred to the European Court of Justice

One of the cases revolves around losses related to sports betting, while the other despute is tied to online gambling.

Back in December, the Erfurt Regional Court confirmed it referred LG Erfurt 8 O 392/23 and LG Erfurt 8 O 515/24 to the ECJ.

The situation captured the attention of Attorney Stefan C. Grunow LL.M, who described the matter in a publication for the trusted legal platform, Anwalt.de.

The expert revealed that the Erfurt Regional Court's referral of the two cases seeks to bring more clarity to the regulation of online gambling.

Ultimately, the opinion of the ECJ may help resolve the two disputes, or at least bring more clarity on the legal grounds, although it remains unclear what the outcome would be and when the ECJ may address the matter.

Erfurt Regional Court submits questions along with sub-points

The decision of the Erfurt Regional Court to refer the two gambling-related cases dating back to pre-regulation isn't the first time such a matter has been brought in front of the ECJ.

Previously, Germany's Federal Court of Justice (BGH) referred a similar dispute to the ECJ.

However, as explained by Grunow, there's a notable difference in the questions referred to the ECJ by the BGH and the Erfurt Regional Court.

While BGH's request included only two questions, the Erfurt Regional Court filed a total of four questions, including several sub-points.

"The Erfurt Regional Court formulates a total of 4 questions, which are then broken down into individual sub-points," Grunow wrote.

Importantly, the Erfurt Regional Court questioned how online gambling was tolerated despite the existing ban on the activity in the country at the time.

Moreover, the Court questioned how casino games such as poker and slots were tolerated at retail venues but banned online in the context of gambling harm.

Another point raised by the Erfurt Regional Court revolved around the ability of one German state to license gambling operators despite the nationwide ban that was in effect at the time.

"In addition, the Erfurt Regional Court asked whether, in the event that the internet ban on gambling contravenes EU regulations, there is not a ban on sanctions, which ultimately also completely excludes the claims for reimbursement," Attorney Grunow explained.

It is yet to be seen how the ECJ's response will affect the outcome of the matter.

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