THE HAGUE – The Dutch Supreme Court has ruled that players who lost money gambling with online casinos that operated without a Dutch license before the legalization of online gambling cannot automatically reclaim their losses.
The landmark decision settles a legal question that has been the subject of numerous lawsuits since the Netherlands opened its regulated online gambling market on October 1, 2021. Before that date, online gambling was prohibited under Dutch law, and no Dutch licenses for online casinos were available.
Many Dutch gamblers who lost money before legalization argued that because the operators lacked a Dutch license, the gambling agreements were legally invalid. They sought repayment of their losses through the courts, claiming the contracts should be considered void.
The Supreme Court rejected that argument.
According to the court, the mere fact that an operator did not possess a Dutch gambling license does not automatically invalidate the gambling agreement between the player and the casino. As a result, players cannot simply demand repayment of all losses solely because the operator was unlicensed.
The ruling represents a significant setback for thousands of Dutch gamblers involved in lawsuits against international online gambling companies. Legal experts estimate the litigation could involve hundreds of thousands of players and potentially hundreds of millions of euros in gambling losses.
However, the Supreme Court emphasized that the decision does not give online gambling operators blanket immunity from liability.
Players may still pursue compensation through other legal avenues. For example, they can argue that an operator acted unlawfully by misleading customers, failing in its duty of care, or inadequately protecting vulnerable gamblers. Such claims, however, must be assessed individually and supported by evidence rather than relying solely on the absence of a Dutch license.
The judgment provides guidance to lower courts handling similar cases, many of which had been suspended pending the Supreme Court's interpretation of the law. Those proceedings are now expected to resume under the framework established by the country's highest court.
The decision also highlights a difference between Dutch jurisprudence and rulings in countries such as Germany and Austria, where courts have been more willing to declare gambling agreements with unlicensed operators invalid.