News

On September 4, 2025, the Advocate General of the European Court of Justice (ECJ), Nicholas Emiliou, published his Opinion in case C-440/23.
The case concerns a German player who lost significant amounts of money playing online gambling on the Lottoland platform (operating companies are based in Malta).

The defendant companies rely on two well-known lines of defense – a violation of the European freedom to provide services (an objection that has already been clearly rejected by the ECJ in numerous preliminary ruling proceedings) and the objection of abuse.

Of particular interest: The case is being heard before a Maltese court – not a German one.

Advocate General Emiliou clearly stated in his Opinion: A claim for repayment of gambling stakes under German law is, in principle, not an abuse of Union law.

The final ECJ ruling in the case is expected in the coming months. If the ECJ follows the Advocate General’s Opinion, this will significantly strengthen the legal position of affected players. We will, of course, keep you informed.

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