THE HAGUE – A recent Dutch Supreme Court ruling could have significant implications for Curaçao's online gaming industry, where many international gambling operators have historically been licensed or operated through Curaçao-based corporate structures.
The court ruled that Dutch players who lost money before the Netherlands legalized online gambling in October 2021 cannot automatically recover those losses simply because the casino lacked a Dutch gambling license.
The decision is particularly relevant to Curaçao because one of the underlying legal proceedings involved an online gambling operator established on the island. Over the years, Curaçao became one of the world's largest licensing jurisdictions for online gambling companies, with hundreds of operators using Curaçao licenses or corporate entities to serve international markets.
Before October 2021, online gambling was prohibited in the Netherlands, and no domestic licenses were available. Nevertheless, many Dutch consumers accessed foreign online casinos, including operators connected to Curaçao.
After the Dutch Remote Gambling Act entered into force, numerous players filed lawsuits seeking reimbursement of gambling losses, arguing that any agreement with an operator lacking a Dutch license was legally void.
The Supreme Court has now rejected that interpretation.
The ruling means Curaçao-linked operators cannot automatically be required to repay gambling losses solely because they did not possess a Dutch license during that period.
However, legal experts caution that the judgment does not shield operators from all future claims.
The court specifically noted that players may still pursue lawsuits if they can demonstrate that an operator engaged in misleading practices, breached its duty of care, or otherwise acted unlawfully. Each case will need to be evaluated on its individual facts rather than through a blanket legal principle.
For Curaçao's gaming sector, the decision removes one of the largest legal uncertainties surrounding historical claims by Dutch gamblers. It reduces the likelihood of mass repayment orders based solely on licensing issues while leaving open the possibility of liability in cases involving specific misconduct.
The ruling comes as Curaçao continues to modernize its online gaming regulatory framework through the Curaçao Gaming Authority (CGA), which has introduced stricter licensing, compliance and oversight requirements aimed at strengthening the island's reputation as an international gaming jurisdiction.