• 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 strengthens the rights of players in foreign online sports betting

17. May 2024
in Law on the Internet
Reading Time: 2 mins read
0 0
A A
0
zsw0ivku8xw8prruep9n
Key Facts
  • The BGH strengthens the rights of players in foreign online sports betting.
  • Players can reclaim lost stakes if providers do not have a license in Germany.
  • The ruling creates more legal certainty for consumers in the sports betting market.
  • The BGH finds a violation of the State Treaty on Gambling.
  • The decision could lead to a wave of lawsuits from players seeking refunds.
  • Experts expect pressure on politicians and authorities to regulate the gambling sector.
  • It is important to strike a balance between player protection, market freedom and fiscal objectives.

BGH strengthens the rights of players in foreign online sports betting

Content Hide
1. BGH strengthens the rights of players in foreign online sports betting
2. Background to the case
3. Violation of the Interstate Gambling Treaty
4. Consequences of the BGH decision
4.1. Author: Marian Härtel

In a recent decision, the Federal Court of Justice (BGH) has strengthened the rights of players who have participated in foreign online sports betting. In the ruling of 22.03.2024 (Ref.: I ZR 88/23), the BGH clarified that players can reclaim their lost stakes if the provider did not have the required license in Germany. This decision could have far-reaching consequences for the sports betting industry and increase the pressure on foreign providers to apply for a license in Germany. At the same time, the ruling creates more clarity for consumers and strengthens their position against providers who operate without a valid license. It remains to be seen how the industry will develop in response to this decision and whether there could be a consolidation of the market.

Background to the case

In this case, the plaintiff had participated in online sports betting with an Austrian provider and now demanded a refund of his stakes. The Dresden Higher Regional Court ruled in favor of the plaintiff in the lower court, whereupon the provider lodged an appeal with the BGH. The case raises fundamental questions about the relationship between national gambling law and the freedom to provide services in the EU. While providers often rely on licenses from other EU countries, Germany has its own regulations to protect players and curb gambling addiction. The BGH now had to decide whether the German regulations are compatible with EU law and what the consequences are for the parties involved.

Violation of the Interstate Gambling Treaty

In its ruling, the BGH found that the Austrian provider had violated the provisions of the State Treaty on Gambling (GlüStV) of 2012 in force at the time. This leads to the nullity of the gaming contract, so that the stakes paid must be repaid to the plaintiff. Specifically, the provider had violated the ban on events under Section 4 para. 4 GlüStV 2012 and the internet ban under Section 4 para. 5 GlüStV 2012 by offering sports betting via the internet without a German license. These provisions are to be regarded as a statutory prohibition within the meaning of Section 134 BGB and therefore lead to the invalidity of the contract. The BGH thus confirmed its previous case law, according to which the organization and brokering of public games of chance on the Internet without official permission is prohibited under the GlüStV.

Consequences of the BGH decision

The BGH’s decision has the potential to change the sports betting industry in the long term. Experts are expecting a wave of lawsuits from players who want to reclaim their losses from the past. In particular, providers that operated in a legal grey area between 2012 and 2021, when the German sports betting market was gradually liberalized, could now be confronted with claims for repayment. For players, the decision means more legal certainty and better opportunities to defend themselves against dubious providers. At the same time, the pressure on politicians and authorities to push ahead with the regulation of the gaming sector and ensure fair competition is likely to increase. The legitimate interests of all parties involved must be taken into account and an appropriate balance must be struck between player protection, market freedom and fiscal objectives.

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: BghCase lawCompetitionConsumerDresdenEuFederal courtGermanyHigher Regional Court DresdeninternetJudgmentLegal certaintyLizenzRegulationright

Weitere spannende Blogposts

Manufacturer’s information when applying for electrical appliances

Manufacturer’s information when applying for electrical appliances
14. January 2019

In a judgment of the end of last year, the Landgericht Dortmund agreed with the unanimous case law of, for...

Read moreDetails

BGH on costs in the case of image theft

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

The use of images on the Internet in violation of copyright law, especially in blogs and the like, occurs time...

Read moreDetails

Digital signatures: legal basis and technical possibilities

Digital signatures: legal basis and technical possibilities
22. May 2024

Introduction: The importance of digital signatures in the modern business world Digital signatures have gained enormously in importance in recent...

Read moreDetails

E-commerce law: legally compliant design of online stores for the self-employed

E-commerce law: legally compliant design of online stores for the self-employed
10. October 2024

Creating an online store offers self-employed people enormous opportunities, but also harbors numerous legal pitfalls. A legally compliant design is...

Read moreDetails

OLG Braunschweig: Online gambling gives money back!

Gambling vs. Skillgaming, a small demolition
7. March 2023

Now, it seems that case law is again turning to the effect that German courts are on the side of...

Read moreDetails

Liability risks when deploying APIs: What you need to know

Liability risks when deploying APIs: What you need to know
11. September 2023

Introduction In my daily work, I experience how APIs, also known as Application Programming Interfaces, are much more than just...

Read moreDetails

Semi-fungible tokens (SFTs) in the context of the GDPR

End of anonymity on review platforms like Kununu?
10. April 2024

A legal consideration The introduction of semi-fungible tokens (SFTs) has not only opened up new avenues in blockchain technology, but...

Read moreDetails

ElektroG: Missing ton symbol on product = anti-competitive

26. August 2019

The Higher Regional Court of Frankfurt am Main has ruled that the lack of a picture of the indication of...

Read moreDetails

EU adopts copyright reform

7. November 2022

The more than controversial copyright reform were finally implemented today and a majority of the states of the EU have...

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

8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024

First test episodeDear readers, I am delighted to present the first test run of our brand new IT Media Law...

Read moreDetails
d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024
d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024
238a909c26a0302cbd4792cbd18e4922

Global challenges for start-ups – A legal guide

10. October 2024
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

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