A case in which the plaintiff demands reimbursements from an unlicensed betting operator in Germany will now be referred to the European Court of Justice. [Image: Shutterstock.com]

A high-profile betting case in Germany will now be referred to the European Court of Justice (ECJ).

The case was previously heard in the German Federal Court of Justice, but the ECJ will now hear the case about whether customers may be due reimbursements for gambling with unlicensed operators.

The plaintiff in the case had placed several sports bets with Malta-based operator Tipico between 2013 and 2020. While Tipico operated a German-language website, it had not yet acquired a license to provide sports betting in Germany.

Tipico eventually received its license on October 9, 2020, but the plaintiff argues that the money lost in the prior period should be reimbursed, since the violation of the State Treaty on Gambling invalidates the contracts.

the decision may have far-reaching consequences well beyond the remit of the specific case. 

The total amount comes to €3,719.26 ($4,000), but the decision may have far-reaching consequences well beyond the remit of the specific case. 

Over the period, the licensing procedure for sports betting in Germany was changed after the previous method was found to be in breach of EU law. The ECJ’s decision, therefore, could close the door on any gambling reimbursements in the EU, arguing that the freedom to provide sports betting services takes precedence. 

There could be even further-reaching consequences beyond the gambling industry and into EU consumer rights as a whole. For now, any other potential claimants will have to wait longer for the ECJ to arrive at a decision.