Recupero delle perdite da gioco d'azzardo online: un giocatore d'azzardo austriaco chiede alla banca di restituire i fondi persi
In Pursuit of Online Casinos and Banks: The Tale of the €27,000 Heist
An adventurous gambler from Austria lost a staggering €27,000 in an illicit online casino, as reported by Der Standard. But this wasn't the end of the story, as the gambler is now on a mission to recover their hard-earned cash.
The cat-and-mouse game between the gambler and the online casino seemed obvious: the casino was operating outside the law. However, gambling enterprises established in Malta have a shield of protection against foreign lawsuits, thanks to the controversial law Bill No. 55.
The Maltese law, widely criticized, prevents foreign claims against Maltese online casinos for losses from illegal businesses. Despite the ongoing investigation by the European Union Commission, it remains in force.
Taking a new approach, the savvy gambler has decided to target the bank where the illicit gambling funds are transferred. The bank, having refused to release the funds voluntarily, is now the focus of a legal battle as the gambler plans to sue the bank for indirect involvement in illegal activities.
The Austrian Supreme Court (OGH) had already ruled in December 2024, under case number 3 Nc 72/24d, that the decision to refund player losses could be enforced in Austria. The challenging part is getting the operator of the online casino to comply with the court's ruling.
A new tussle in the gambling world is brewing as the European Court of Justice deliberates on whether foreign online casinos can legally operate in Germany without a local license, relying on the freedom to provide services under Article 56 of the Treaty on the Functioning of the European Union (TFEU). The ruling, expected on 09. April 2025, could have significant implications across the EU and question the relevance of national gambling laws.
https://www.maltatoday.com.mt/news/business/business_features/107560/the_malta_gaming_authority_a_comprehensive_guide
The legal proceedings against the bank could drag on for years, with the verdict possibly setting future precedents. As delays and challenges are par for the course in such cases, the process may prove lengthy and arduous.
Adding a twist to the story, the gambler has already assigned their claim to litigation funder Jufina, which could potentially provide some relief during the proceedings.
Approfondimenti:
- The Malta Gaming Authority (MGA) regulates online casinos in Malta, ensuring fair and transparent operations through strict rules and regulations.
- Maltese law requires online casinos to comply with rules related to player protection and anti-money laundering laws.
- In general, Maltese law wouldn't protect online casinos from refunding losses if those losses are found to be illegal.
- Proving a bank's negligence in facilitating illegal gambling transactions can be challenging, as banks typically have robust compliance measures in place.
- Players bear some responsibility for ensuring their gambling activities are legal, which could impact third-party liability cases.
[1] "The Malta Gaming Authority, A Comprehensive Guide." Malta Today. https://www.maltatoday.com.mt/news/business/business_features/107560/the_malta_gaming_authority_a_comprehensive_guide
[4] "Anti-Money Laundering in Malta: Understanding the Legal Framework." KPMG. https://home.kpmg/mg/en/home/insights/2021/01/malta-aml-legal-framework.html
https://home.kpmg/mg/en/home/insights/2021/01/malta-aml-legal-framework.html
