The plaintiff had partaken in online casino games from an operator based Malta, before Germany’s Fourth State Treaty on Gambling (GlüNeuRStV) was implemented. The GlüNeuRStV allowed online casino to be offered in Germany for the first time.
The plaintiff had argued that because their online play was illegal at the time, they were entitled to reimbursements on losses they had made.
The operators involved were represented by Hambach and Hambach law firm.
This case was initially dismissed by the Euskirchen District Court in May. However, the plaintiff appealed the ruling and the matter was then brought before and rejected by Bonn Regional Court.
This is the first appeal judgement at any of Germany’s regional courts in this type of case.
The Bonn Regional Court stated that the suit had failed as the plaintiff had violated section 285 of Germany’s criminal code, by knowingly playing online casino games from a provider outside of Germany.
The plaintiff argued that he had no knowledge of this law, which the court did not accept.
Several similar lawsuits in lower courts were dismissed in September.