The Supreme Court of the Netherlands has ruled that online gambling losses incurred before the 2021 sector regulation are not automatically void. The decision closes legal challenges brought by players against unlicensed operators regarding historic contracts.
The ruling addresses preliminary questions from the District Courts of Amsterdam and North Holland regarding two specific disputes. One player sought reimbursement of $139,464.58 lost on PokerStars, operated by TSG Interactive Gaming Europe Ltd, between 2006 and 2021. A second case involved €135,137 lost on PartyCasino, operated by ElectraWorks Europe Ltd, between August 2020 and July 2021. Both individuals argued their contracts were invalid because the operators lacked Dutch licenses during that period.
Legal Basis and Industry Response
The Supreme Court concluded that the Dutch Games of Chance Act does not invalidate civil law contracts with unlicensed entities. The judges determined that the 2021 regulatory framework was not intended to retroactively undermine agreements made before its implementation. Entain, the parent company of Bwin, PartyCasino, and PartyPoker, confirmed that the ruling supports their position.
A company spokesperson stated: "In light of the court’s decision, any attempt to pursue such claims, whether individually or collectively, is no longer tenable."
The European Court of Justice has recently reviewed similar disputes involving national courts in Germany and Austria. European judges have instructed regional courts to uphold local licensing rules without overriding national regulations.