PLAYER REFUND CLAIMS
Loot boxes and player refund claims DR MATTHIAS SPITZ AND DR ANDREAS WOERLEIN ASK WHETHER GAMES PUBLISHERS AND CONSOLE MANUFACTURERS ARE FACING LEGAL PERIL WHEN OFFERING LOOT BOXES IN GERMANY
In Austria and Germany, the online gambling industry is struggling with hundreds of claims for the refund of losses filed by players in civil courts due to allegedly unlawful operations over the past decade. Lawyers specialising in representing players in these cases argue that gambling contracts concluded between player and operator when placing a wager or playing a slots game are void and that, accordingly, any player losses should be refunded. This is a position which a number of civil courts follow referring to statutory restrictions of online gambling, albeit the applicability of those restrictions with European Union law, specifically, the freedom of services, has been in question for many years.
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IMGL MAGAZINE | APRIL 2023
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