Cliente della banca in Austria chiede al Finanziario di rimborsare le perdite per gioco d'azzardo
Giocatore austriaco fa causa alla banca per €27,000 persi in un casinò online illegale
Ultimo aggiornamento: 29.05.2025
La storia del giocatore austriaco che ha perso €27,000 in un casinò online illegale con sede in Austria è entrata in una nuova fase, con il giocatore che ora sta pianificando un'azione legale per responsabilità civile contro la banca in cui erano depositati i fondi della società di gioco.
despite laws in Malta protecting gambling companies from foreign lawsuits, the Austrian Supreme Court (OGH) ruled in December 2024 that the decision to refund player losses could be enforced in Austria. However, the online casino operator is not expected to comply with this legal ruling.
As a result, the player, identified as Ms. X, has opted to bypass the casino and target the bank instead. Her lawyers have stated that the bank also holds liability for indirectly facilitating the illegal gambling activities.
Under Maltese third-party liability law, parties can be held responsible for damages caused due to negligence or unlawful acts. In this case, the claimant must demonstrate that the bank owed a duty of care, breached it, and caused damage as a result.
The Malta Financial Services Authority (MFSA) regulates the banking sector in Malta, with a focus on licensing and compliance. Authorized financial service providers, including banks, must adhere to strict rules to prevent illegal activities. However, unauthorized financial entities connected to illegal gambling may be unregulated or licensed by foreign jurisdictions, complicating the matter.
The European Court of Justice is currently preparing a ruling on whether foreign online casinos can legally operate in Germany without a German license, which could have repercussions across the EU. The case under review is set to be heard on July 10, 2025.
If the lawsuit against the bank fails or the payment is delayed, Ms. X plans to claim bank deposits held at the European Central Bank (ECB). However, the process could take years, as experts have suggested that the ruling could set a precedent requiring careful preparation.
In the meantime, Ms. X has assigned her claim to litigation funder Jufina, which may have already provided her with a portion of the funds. It remains to be seen whether the legal battle will ultimately result in her recovering her lost €27,000.
What industry or banking-and-insurance entity held the funds for the illegal online casino, thus potentially incurring third-party liability for facilitating the gambling activities? The financial institution could be liable under Maltese third-party liability law if they owed a duty of care, breached it, and caused damage as a result.
