• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

BGH also rules on the reimbursement of losses from online poker games

17. May 2024
in Law on the Internet
Reading Time: 2 mins read
0 0
A A
0
bghurteil
Key Facts
  • The Federal Court of Justice decides on the reimbursement of lost stakes in online poker games.
  • The claim is based on €132,850.55 in lost stakes in the period 2018-2019.
  • The defendant does not have a domestic license, but only a license from Malta.
  • The Regional Court and the Court of Appeal ruled in favor of the plaintiff.
  • It is being examined whether the State Treaty on Gambling is in conformity with EU law.
  • The defendant's appeal on points of law is suspended until the decision of the European Court of Justice.
  • The plaintiff invokes a claim for enrichment pursuant to Section 812 BGB.

In addition to the legal question regarding the reimbursement of stakes in online sports betting(see this blog post), the Federal Court of Justice will also decide whether the organizer of an online poker game banned in Germany must reimburse the lost stakes of a player.

Content Hide
1. Facts:
2. Previous process history:
3. The decision of the Federal Supreme Court:
3.1. Author: Marian Härtel

This case differs significantly from the proceedings under case number I ZR 90/23, in which the First Civil Senate will hear oral arguments on March 7, 2024, in that the subject matter here is losses in online poker games that are subject to the total prohibition of Section 4 para. 4 of the Interstate Treaty on Gambling in the version that came into force on July 1, 2012 and is valid until June 30, 2021 (GlüStV 2012), and not losses in online sports betting for which the operator already holds a license in accordance with Section 4 para. 5, §§ 4a, 10a GlüStV 2012 had applied for.

Facts:

The defendant, based in Malta, offers games of chance via a German-language website. In 2018 and 2019, the plaintiff took part in the defendant’s virtual poker games, which do not involve playing against people. During this period, the defendant held a license from the Maltese gambling supervisory authority, but no domestic license.

The plaintiff asserts the inadmissibility of online gambling and the invalidity of the gambling contracts. She claims that she did not know that the defendant’s offer was a prohibited game of chance. With her lawsuit, she demanded repayment from the defendant of the payments made to her in the amount of the losses suffered of € 132,850.55 plus interest.

Previous process history:

The district court upheld the action. The defendant’s appeal was unsuccessful. The Court of Appeal assumed that the international jurisdiction of the German courts arose from Art. 18 para. 1 of the Brussels Ia Regulation. It also has the right under Art. 6 para. 1 of the Rome I Regulation, German substantive law is deemed applicable.

The plaintiff could assert a claim for enrichment against the defendant under Section 812 para. 1 sentence 1 case 1 BGB. The gambling contracts under consideration as a legal basis are void pursuant to Section 134 BGB because the organization of public games of chance on the Internet pursuant to Section 4 para. 4 GlüStV 2012 had been prohibited. This standard conforms to EU law and its protective purpose also requires the nullity of the gambling contracts in the event of a unilateral breach of the ban.

The claim for repayment is not excluded according to § 817 sentence 2 BGB. The standard could not be reduced teleologically. However, the requirements of the facts were not met. § Section 817 sentence 2 BGB presupposes that the party providing the service, in this case the plaintiff, has intentionally violated the statutory prohibition. It would be the same if he had recklessly refused to recognize that his actions were illegal. The defendant, who invokes the concession bar, has to explain and prove the requirements. In the end, she did not succeed.

With the appeal allowed by the Senate, the defendant continues to pursue its motion to dismiss the action.

The decision of the Federal Supreme Court:

By resolution dated January 10, 2024, the Senate stayed the appeal proceedings pending a decision by the Court of Justice of the European Union in case C-440/23 on a request for a preliminary ruling from the Civil Court Malta dated July 11, 2023 suspended. The preliminary ruling procedure concerns in particular the question of whether Section 4 para. 4 GlüStV 2012 was in conformity with EU law.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BghinternetLawsuitLegal questionLizenzRegulation

Weitere spannende Blogposts

Berlin Administrative Court rehabilitates Jusprog – provisionally

Berlin Administrative Court rehabilitates Jusprog – provisionally
7. November 2022

This is currently good news for streamers and YouTubers, as well as everyone who has to face youth protection issues...

Read moreDetails

What is “digital property” and how can I benefit from it?

What is “digital property” and how can I benefit from it?
8. December 2022

Attention The term "Digital Property" refers to digital content created or acquired by a person and owned by that person....

Read moreDetails

BGH and the death blow for sampling

BGH and the death blow for sampling
7. November 2022

The Federal Court of Justice has once again ruled on the question of the conditions under which the rights of...

Read moreDetails

ECJ: How is “legitimate interest” to be interpreted in the GDPR?

privacy policy 3583612 1920
2. January 2023

The ECJ, on the basis of a reference for a preliminary ruling under Art. 98 para. 1 of the Rules...

Read moreDetails

Esports facilities and alcohol?

Esports facilities and alcohol?
17. July 2019

Even if esports men are more likely to be the energy drink consumers, locations such as esports bars or LAN...

Read moreDetails

Can a fine for a data protection breach be levied against a corporation?

Can a fine for a data protection breach be levied against a corporation?
7. November 2022

The situation Berlin and data protection are currently not the best of friends, and the Berlin Commissioner for Data Protection...

Read moreDetails

Fortnite Fan article: Attention warning danger!

Online retailer: Notice of warranty of defects
30. November 2018

Currently, I can only warn against offering unauthorized fan items from Fortnite, the manufacturer Epic Games, such as the replica...

Read moreDetails

Attention: Fine for geoblocking!

Geoblocking Ordinance: Attention Warning Trap
17. January 2019

Alongside the Packaging Act, for which there are articles here and here, the EU's Geo-blocking Regulation is probably one of...

Read moreDetails

Do Free2Play games violate the Pricing Ordinance?

Do Free2Play games violate the Pricing Ordinance?
23. October 2018

As mentioned in the previous article, many games that use Free2Play as a distribution model may also be in breach...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

This insightful 20-minute podcast episode by and with me explores the complex topic of copyright in the digital age. The...

Read moreDetails
d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. September 2024
Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung