• Mehr als 3 Millionen Wörter Inhalt
  • |
  • in**@********aw.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

Rechtsanwalt Marian Härtel - ITMediaLaw > Law and computer games > Frankfurt Regional Court grants repayment claim from gambling losses

Frankfurt Regional Court grants repayment claim from gambling losses

4. January 2023
in Law and computer games, Law on the Internet
Reading Time: 2 mins read
0 0
A A
0
slot machine 159972 1280
Key Facts
  • Frankfurt am Main Regional Court rules on repayment claim against MrGreen.de, a provider of online gambling in Malta.
  • Player insists on nullity of the contract according to § 134 BGB, because license in Germany is missing.
  • Court recognizes repayment claim pursuant to §§ 812 para. 1 Sentence 1 Var. 1, 398 BGB.
  • General Terms and Conditions of MrGreen violate EC Directive 93/13, therefore Maltese law is ineffective.
  • § 4 para. 4 GlüStV is deemed lawful in order to restrict the free movement of services in accordance with Art. 56 TFEU.
  • Court does not recognize exclusion of the claim for condiction; player was not aware of the illegality.
  • Providers should check their general terms and conditions and take into account the applicable legal provisions in Germany.

The Frankfurt am Main Regional Court has issued a very exciting ruling on the question of whether a German gambler is entitled to a repayment claim against a gambling provider in Malta.

The defendant was MrGreen.de, which offers online gambling in German.

The player, or the plaintiff to whom the claim was assigned, is of the opinion that the underlying legal transaction with the defendant is void pursuant to § 134 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) because the defendant does not have a license to organize games of chance in Germany. The defendant violated § 4 para. 4 GlüStV as well as § 284 StGB. The plaintiff is of the opinion that a claim for enrichment does not fail in particular due to § 817 p. 2 BGB, since this norm is to be reduced teleologically, because the legislator with § 4 para. 4 GlückStV had deliberately decided in favor of an absolute ban on casino games on the Internet and that the intention of the Prohibition Act would be completely undermined if the stakes were subject to condictions.

The Regional Court of Frankfurt am Main found that it had jurisdiction and also found that there was a claim for repayment under §§ 812 para. 1 Sentence 1 Var. 1, 398 BGB for justified. German law had to be applied, because the choice of law clause contained by MrGreen in its General Terms and Conditions of Business is illegal due to infringement of Directive EC 93/13 (Clause Directive) and due to infringement of Art. 14 para. 1 p. 1 lit. a) Rome II Regulation ineffective. Maltese law therefore does not apply to the contractual relationship. It is probably particularly nasty for the defendant that the court was of the opinion that § 4 para. 4 GlüStV does not violate Article 56 TFEU, as the restriction on the free movement of services brought about by the GlüStV and its implementing provisions under Article 56 is based on overriding reasons relating to the public interest within the meaning of Union law (see BGH, judgment of. 28.9.2011 – I ZR 92/09; referring to this judgment: LG München I, Urt. v. 13.4.2021 – 8 O 16058/20) serves.

However, it is particularly interesting that the court also did not recognize an exclusion of the claim for damages, since the player was not aware of the illegality of the game on MrGreen.de and the court proceedings would not have presented any other circumstances. In particular, it was credible that the player had not read the terms and conditions that referred to the circumstances and the defendant could not prove any other circumstances, as it was known to the court that extensive terms and conditions are never actually read.

This, in turn, is a very exciting (but also questionable) line of argument that has many implications for the question of how general terms and conditions should be designed AND integrated in order to achieve a different assessment of the concession claim in similar cases in which the distinction between skill games and gambling may be at issue.

I would be happy to advise on this.

However, it is also clear that providers are well advised to check their general terms and conditions and other circumstances and to make use of the possibilities offered by the GlüStV in Germany.

 

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: AGBBghFrankfurtFrankfurt am Main District CourtinternetKILawsservice

Weitere spannende Blogposts

In case of credit card payment: Always cancel any cancellation receipt!

In case of credit card payment: Always cancel any cancellation receipt!
30. September 2019

The District Court of Frankfurt am Main has ruled that bank customers have no claim for compensation against the bank...

Read moreDetails

Frankfurt district court a.M. softens influencer jurisdiction

15. July 2019

The Regional Court of Frankfurt am Main has appealed against the vast majority of German regional and regional courts and...

Read moreDetails

Defend yourself against IGD warnings?

LG Munich: Data protection consent on dating platform
7. November 2022

Actually, the behaviors when you receive a warning under competition law are always the same. A summary can be found...

Read moreDetails

BVerwG: Data protection authority can prohibit operation of a Facebook fan page

Facebook pages, data protection and August 1, 2019
21. November 2022

The operator of a fan page maintained on Facebook may be required to shut down its fan page if the...

Read moreDetails

Choice of law by general terms and conditions not surprising per se

Choice of law by general terms and conditions not surprising per se
14. December 2018

Yesterday, the Higher Regional Court of Frankfurt ruled that a choice of law by means of general terms and conditions...

Read moreDetails

Law to clarify disputed influencer jurisdiction

Law to clarify disputed influencer jurisdiction
7. November 2022

The Federal Ministry of Justice and Consumer Protection intends to clarify that statements on social media about products that are...

Read moreDetails

Traunstein District Court ruling: Liability for misleading hotel star information and embedded illegal content

abmahnung
31. May 2023

Liability for misleading hotel star ratings The Traunstein Regional Court recently handed down a ruling that could have far-reaching implications...

Read moreDetails

BGH decides again on keyselling

ECJ: Advocate General assesses sampling as copyright infringement
14. May 2019

The topic of keyselling is diverse and also peppered with countless false (legal) information. In addition, some law firms, which...

Read moreDetails

Legal aspects of the use of AI in marketing

Legal aspects of the use of AI in marketing
11. August 2023

In recent years, artificial intelligence (AI) has emerged as a transformative technology across numerous industries, with the marketing sector standing...

Read moreDetails
Design / Design

Design / Design

26. June 2023

In a world where a product's appearance is often as important as its functionality, design patents and design play a...

Read moreDetails
Software development contract

Software development contract

27. June 2023
General partnership (OHG)

General partnership (OHG)

25. June 2023
Gesellschaft mit beschränkter Haftung & Co. Kommanditgesellschaft auf Aktien (GmbH & Co. KGaA)

Gesellschaft mit beschränkter Haftung & Co. Kommanditgesellschaft auf Aktien (GmbH & Co. KGaA)

16. October 2024
Due Dilligence

Due Dilligence

26. June 2023

Podcast Folgen

fcb134a2b3cfec5d256cf9742ecef1cd

The unconventional lawyer: a nerd in the service of the law

26. September 2024

In this captivating episode of the podcast "The Unconventional Lawyer", we delve into the world of a lawyer who is...

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

Welcome to the third episode of our podcast "IT Media Law"! In this episode, we delve into the fascinating world...

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...

3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024

In this exciting 30-minute podcast, lawyer Marian Härtel decodes the complex world of digital law for the self-employed, start-ups and...

  • 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