N1 Casino - illegal gambling in Germany

Ruling

Resolved - The submitting complainant has become non-responsive to our repeated requests for additional information. As such we assume they have resolved their issue on their own.

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Player's Complaint

Dear Sir or Madam,

I paid very large sums of money through a game of chance organized illegally by a casino on the Internet. A total of 3768 euros.

These were fees for public games of chance on the Internet.

According to §4para. 4 GlüStV, organizing and brokering online gambling is prohibited. "(4) Organizing and arranging public games of chance on the Internet is prohibited." (§ 4 Para. 4 GlüStV) This prohibition is also compatible with constitutional and Union law. As early as 2009, the ECJ confirmed that the ban on online gambling is compatible with the freedom to provide services protected under European law in accordance with Art. 49 EC.

It was only because of my illness that I paid such high amounts to the casino during the period in question. I know again a judgment from the LG Gießen, judgment 21.01.2021 - 4 O 84/20 and a judgment at the regional court Regensburg from 31.05.2021 (Az.: 71 O 3074/20)

It is therefore impossible that I could legally register on the website and make such high contributions. This is reinforced by my gambling addiction. This obliges the casino to pay back my full losses. Quote from the LG Traunstein on October 8th, 2020: The plaintiff can also base his claim on § 812 paragraph 1 sentence 1 BGB, since his claims against the defendant were made without legal basis. The contract for gambling on the defendant's Internet domain is void under Section 134 of the German Civil Code, since the organization of public gambling on the Internet is prohibited under Section 4 (4) of the 1st State Treaty on Gambling Amendments. Whether this game of chance is permitted at the defendant's place of business is irrelevant, since German law is applicable. Since it is a prohibited game of chance, § 762 paragraph 1 sentence 1 BGB, according to which the payment made as a result of a game cannot be reclaimed, is not applicable (cf. Palandt/Sprau, BGB, 79th ed. 2020, § 763 edge 3).

I have no doubt that my reclaim from you will stand up in a German court.

My gambling addiction and the lack of player protection make things more difficult for the casino.

The casino has a copy of my gambling addiction certificate.

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7 Responses

thepogg

January 27, 2023

Hi Horsemann - welcome to ThePOGG.com!

Unfortunately there is nothing we can do to help you in this instance. As explained in our Complaints FAQs we do not pursue refunds of losses based on lack of license. If your own government cannot prevent unlicensed operators from accepting their citizens, there is no possibility of the operator offering a refund simply on the basis of us asking them to.

Unless you have informed the operator that you are experiencing addiction issues and they have failed to act on this information, the German licensing system would not be grounds for us to take any position on this matter.

Thanks,

ThePOGG

Horsemann

January 27, 2023

Dear Sir or Madam, Of course, I also informed the operator about my addiction problem. Kind regards

thepogg

January 28, 2023

Hi Horsemann,

Do you have a record of this conversation?

Thanks,

ThePOGG

Horsemann

January 29, 2023

Yes, how can I send this to you?

thepogg

February 1, 2023

Hi Horsemann,

You can send this to [email protected].

Thanks,

ThePOGG

thepogg

February 14, 2023

Hi Horsemann,

I'm following-up on the above?

Thanks,

ThePOGG

thepogg

February 26, 2023

Hi Horsemann,

If we haven't heard from you by Friday the 11th of March we will assume you no longer need our assistance and close this complaint.

Thanks,

ThePOGG