THE HAGUE – Although Curaçao-based trust company Downtown E-Commerce Company B.V. (DECC) has been cleared of liability in a Dutch illegal gambling case, the company has been ordered to provide information about the ultimate beneficial owners behind one of the entities involved.
The order was issued by the District Court of The Hague as part of a civil lawsuit brought by Dutch gambling operator TOTO concerning the operation of the online betting websites Lala.bet and Chacha.bet.
While the court concluded that DECC itself could not be held responsible for the alleged illegal gambling activities, the judges determined that information about the individuals behind the company remains relevant to the case.
According to the ruling, DECC must disclose details regarding the ultimate shareholders or beneficiaries of the company involved because TOTO intends to investigate whether those individuals can be held personally liable for the operation of the gambling websites.
The court noted that access to this information is necessary for TOTO to determine whether further legal action should be pursued against the persons who may have ultimately controlled the gambling operations.
The ruling also addressed references made by TOTO to previous media publications that allegedly linked DECC and its directors to questionable gambling activities.
The judges dismissed those references, stating that the publications did not originate from official authorities and that it could not be established whether they were based on reliable journalistic investigations. As a result, the articles could not be accepted as evidence in the case.
While DECC and its former directors escaped liability, the court did rule that the operators of the illegal gambling websites themselves are liable for damages suffered by TOTO as a result of the unauthorized gambling activities in the Netherlands.
The case highlights the continuing legal scrutiny surrounding online gambling operations linked to Curaçao and the increasing efforts by European regulators and operators to identify the individuals behind offshore gaming companies.