Two Online Casinos Ordered to Refund Dutch Gamblers

Article by : Charles Perrin Nov 7, 2023

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Unibet and another unidentified online casino operator have been ordered to refund Dutch gamblers due to offering illegal gambling services. Unibet has to pay back €93,000 to one of its customers. The other company, which hasn’t been named yet, is looking at a bigger refund of €124,000.

This issue dates back to a regulation change from October 2021, which legalized online gambling in the Netherlands. The move inspired Dutch gamblers who had accumulated losses before the date to seek legal help and get the money back.

The Netherlands has been cracking down on unlicensed operators targeting its residents. This latest ruling is just another move in that direction, pressuring brands to leave the Dutch market and ban access to Dutch customers.

It’s interesting to note that while these cases have reached their conclusion, they’re not the only ones. In fact, the group of Dutch gamblers seeking refunds counts more than 100 individuals. They’re represented by Benzi Loonstein, whose main argument lies in the fact that the casinos shouldn’t have allowed his clients to play.

Clients “Happy” With the Two Outcomes

According to Loonstein, his clients were happy with the outcomes of these two specific cases. The battle, at least for one of the cases, doesn’t seem to be over.

The court made default judgments for the rulings because both casinos didn’t respond to the initial claims. Kindred Group, the company behind Unibet, stated that the lack of response on their side was a human error. Seeking its legal rights and continuing the fights has been announced from the operator’s side.

Moreover, the company called the lawsuit “futile” and scolded gaming lawyers for their intention of “a quick score.” Its representatives reminded of a 2016 case when a judge ruled against a compensation claim.

Once again, the casino in question was Unibet, and its customer requested a refund of €185,000. In this specific case, the judge claimed that no rules were broken, and the gambler wasn’t awarded any compensation for his losses.

Loonstein has mentioned another case of 2022, in which the Council of State of the country ruled any offering of online gambling to Dutch players before October 2021 as illegal.

Similar Lawsuits Spread Like Wildfire in Other Countries

While The Netherlands is the hot topic right now, cases like this have been spreading fast across the industry. Germany and Austria are two notable examples where lawsuits like this one have been seeing incredibly high success rates.

Reports show that nearly 7,000 cases have already been resolved in these two jurisdictions. Tens of millions of euros have been ordered to be refunded to players. The main reasoning behind all these rulings is that companies operating illegally shouldn’t be allowed to gain profits from their operations.

At this time, it’s unclear how any of these rulings will affect casinos or players. Experts argue that gamblers themselves took part in illegal gambling, and so they may be prosecuted for their actions. From the examples in Germany and Austria, however, the authorities seem to keep the focus on prosecuting operators instead.

Malta has been one of the countries to react in a way that is protective of operators’ interests. The country hosts numerous gambling companies and moved to amend its gambling laws this summer. It made it impossible for gamblers to seek refunds through foreign courts, allowing companies to disregard such rulings.

The European Commission has already opened an investigation into the regulatory change, claiming it’s not in line with EU laws.