Introduction
Online gambling in the Netherlands has undergone radical changes in recent years, especially with the introduction of the Distance Gambling Act (Koa) in October 2021. Before this date, offering online gambling without a license was illegal in the Netherlands. Nevertheless, thousands of Dutch players lost significant sums at illegal providers operating without the required license. Recent rulings by the District Court of The Hague have opened the door for Dutch players to reclaim their lost money from these illegal providers. In this blog, we discuss the legal framework, the impact of the Maltese “Bill 55” and the rights of Dutch players. We also explain how our law firm can help you recover your lost funds.
Rights of Dutch players in illegal online games of chance
In August 2024, the District Court of The Hague ruled that contracts between Dutch gamblers and illegal online casinos were invalid in four separate cases. This means that operators of these websites should never have been allowed to take money from Dutch players. This is an essential development for all Dutch people who have lost money at illegal providers over the past 20 years (all gaming websites until October 2021 and all unlicensed gaming websites after that).
Our lawyers specialize in recovering these lost funds. We have already successfully concluded several cases where clients have recovered their money. The recent rulings by the Hague District Court significantly increase your chances of success if you take action to recover your losses.
Four essential rulings by the District Court of The Hague
The District Court of The Hague has handed down judgments against Trannel International Limited (parent company of Unibet) and Green Feather Online Limited, where they have been ordered to repay substantial sums to Dutch gamblers. Trannel International Limited must repay €106,481.95, €38,577, and €77,395.35, respectively, in three cases, while Green Feather Online Limited must repay €91,940:
ECLI:NL:RBDHA:2024:11011: This case held that the gaming agreement between the claimant, a consumer in the Netherlands, and Trannel, a Maltese company, was invalid. The reason was that despite being licensed by the Maltese Gaming Authority, Trannel needed the required Dutch license to offer games of chance in the Netherlands. Trannel was ordered to repay the amounts lost by the plaintiff.
ECLI:NL:RBDHA:2024:11009: The court reaffirmed the nullity of a gaming agreement between a Dutch resident and Trannel International Limited because Trannel did not have a Dutch license to offer gaming. The court stressed that there was no evidence of broad-based social acceptance of unregulated online gambling offers in the Netherlands. Trannel was required to repay the amount lost by the plaintiff based on undue payment.
ECLI:NL:RBDHA:2024:11007: The court ruled that a gaming agreement between a Dutch resident and Trannel International Limited was void. Trannel had offered online games of chance without the necessary Dutch license, in violation of Article 1(1)(a) of the Games of Chance Act (Wok). Trannel was ordered to repay the amount of €77,395.35 the claimant lost on the grounds of undue payment.
ECLI:NL:RBDHA:2024:11013: In this ruling, a gaming agreement between the claimant and GFO, another Maltese company, was annulled because GFO did not have a Dutch license. The court rejected GFO’s reliance on the principle of confidence (the prioritization policy of the Kansspelautoriteit). It ruled that there was no “loss of streak” in the applicability of Article 1(1)(a) Wok. GFO was ordered to repay €91,940 to the claimant as these payments were considered undue.
Comparisons with rulings of other courts
While the courts in Amsterdam and Haarlem are still waiting for clarification from the Supreme Court, the court in The Hague has ruled directly in favor of the players. The preliminary judgment of the Amsterdam and Haarlem courts also ruled in favor of the players, namely that the agreements concluded with unlicensed providers are invalid.
Statements
| The Hague | Gambling companies must pay back |
| Haarlem (North Holland) | Prosecution has legal questions for the Supreme Court |
| Amsterdam | Prosecution has legal questions for the Supreme Court |
Once the Supreme Court rules out, many courts will be more decisive, potentially leading to thousands of refunds for gamblers in the Netherlands.
Five Questions for the Supreme Court
A total of five questions were formulated for the Supreme Court following the court cases:
- Does the Wok initially aim to affect the validity of legal acts that conflict with it?
- Has this tenor been lost under the influence of societal developments and the enforcement policy of the Gambling Authority?
- Is a gaming agreement without a Dutch license void under Article 3:40 of the Civil Code?
- Does it matter whether the gaming provider met the gaming authority’s prioritization criteria?
- What legal consequences does a void contract have for reimbursement of losses suffered?
Malta’s Bill 55: protecting casinos from foreign claims (in Malta)
Bill 55, passed in June 2023 in Malta, protects Maltese casino operators against enforcing foreign legal judgments. This law places the activities of online casinos under Maltese public policy, which currently prevents judgments from other EU countries from being implemented in Malta. However, this protection is under pressure as the EU has launched an investigation that is likely to lead to the rejection of Bill 55.
This means that Dutch players who have lost money at Maltese casinos have still options to reclaim their losses, especially if these companies have assets outside Malta.
Legal expectation – Law & More
The recent decisions of the District Court of The Hague mark an essential step in protecting players’ rights in the Netherlands and may serve as a precedent for future cases. These rulings strengthen the position of Dutch players in recovering lost funds, especially in combination with the changed legal context due to the Remote Gaming Act and the possible rejection of Malta’s Bill 55. Clearly, the legal protection for players in the Netherlands is getting stronger, significantly increasing your compensation options.
Our law firm, Law & More, specializes in protecting your rights and recovering your losses from illegal providers. We are ready to guide you to a successful outcome. As a victim, you have the right to a fair trial and a refund if you have been a victim of illegal gambling.
Your legal options: how we can help you
Are you one of the many Dutch gamblers who have lost money at an unlicensed online casino that was operating? For players who may be entitled to a refund, it is essential to take action now. The Hague District Court rulings and the expected developments around Bill 55 provide a solid legal basis for recovering lost funds.
At Law & More, we have extensive experience in conducting legal proceedings against illegal gambling providers and have successfully helped many clients recover their lost funds. We offer comprehensive legal services, from investigating your situation to litigating on your behalf.
We understand that recovering lost funds can be complicated and time-consuming, but we are here to guide you through every step. Want to know more about your rights and how we can help you? Then get in touch with us. We can discuss your options and develop a strategy to recover your lost funds. Keep your rights from being used and claim what you are entitled to. Our team of experienced lawyers is ready to assist you.