There is a gambling monopoly in Austria! This means that if you lose on the Internet in Austria with a gambling provider other than win2day, you can get your money back. This article is intended to give you an initial overview of the topic. Of course, it does not replace legal advice on your individual case.
1. I lost a lot of money gambling ONLINE, can I do something about it?
There is a gambling monopoly in Austria. This means that only one provider, namely win2day from Casinos Austria, is currently allowed to legally offer ONLINE gambling. All other gambling providers are not allowed to offer ONLINE gambling. There is an opportunity to take legal action here to get your gambling losses back. But that depends on which provider you lost your money with.
2. What happens if I lose my money with one of the many other providers online?
Even if only win2day is actually licensed to offer ONLINE gambling, there are many providers in Europe who also do it in Austria. They refer to the freedom to provide services under European law. However, there are now many court decisions that state that due to the gambling monopoly, only win2day is legally allowed to offer gambling on the Austrian market online.
According to Austrian law, however, a contract with a gambling provider on the Internet who is not allowed to offer any gambling at all is void . This means that the contracts made with the unlicensed providers are against the law and you can get back the money you lost on the internet.
3. What can I do to get my money back?
Losses from illegal ONLINE gambling are legally recoverable. Importantly, only a total loss can be claimed. This means that any winnings must be deducted. This means that if you were lucky and won eg EUR 10,000 while gambling online, but also lost EUR 500, you cannot claim back the loss of EUR 500. After all, you’ve won more than you’ve lost overall).
The law on compensation for damages and the law on unjust enrichment can be used as the legal basis for the claim for repayment. Specifically, you can file a lawsuit with the competent court for repayment of the money lost on the Internet.
4. What about sports betting?
Sports betting does not count towards gambling. Losses from ONLINE sports betting are therefore not legally recoverable. In some cases, people are also lured to a website via sports betting, where they are then enticed to (illegal) gambling via several links. The players must therefore be particularly careful here.
5. Who has to pay the legal costs?
In the area of gambling law, the “value in dispute” may be high. The amount in dispute is the parameter that is used later to calculate the court costs. This deters some people because there is a court fee to be paid at the beginning of the process. But you get replaced if you win the case. You can also work with litigation financiers in this area: They assume the litigation costs for the plaintiffs, but then also get part of the money recovered in the court proceedings.
6. Why aren’t a lot more people deciding to claim back online gambling losses?
On the one hand, many people do not even know that it is possible to get back the lost money. Also, some people find it uncomfortable or even embarrassing to admit in court how much money they have gambled away. But there is no reason to be ashamed: mistakes can happen to anyone and it is not often that you have the opportunity to start a court case with comparatively good prospects of success.
7. What does a procedure look like?
The relevant and locally competent courts are responsible. Depending on the amount in dispute, this can be either a district court or a regional court in Austria. The process begins with the players filing a lawsuit. Then there are usually several hearings in which the court deals with the arguments and evidence of the parties. Proceedings end in judgment if the parties do not decide to settle beforehand.
8. Can Law and Beyond help me recover my online gambling losses?
Of course! Feel free to make an appointment for a consultation. We support you in finding the best solution for you.
