Munich court fines player for gambling online
Decision to fine gambler for playing blackjack on unnamed Gibraltar site "clearly not good" for remote operators, says lawyer
A German court has found a man guilty of “illicit online gambling” over play on an unnamed casino site, and ordered him to repay 63k in winnings as well as a 2k fine in what is a worrying development for the egaming industry in Germany.
The District Court of Munich on Friday published a decision reached in September last year that found an unnamed 25-year old guilty of illicit gambling activities, arguing that he had breached section 285 of Germany’s Criminal Code.
The case represents the first time a decision has been made against a customer and speaking to eGaming Review Martin Arendts, an egaming lawyer at German legal firm Arendts Anwalte, said that until now section 285 had been seen as “merely a symbolic criminal offence”.
“It is clearly not good for the business of remote gaming operators if customers are being prosecuted,” Arendts said although he added the decision by the lower court should not be seen as a landmark one.
But the verdict opens the possibility of further gamblers facing criminal charges as Germany continues to clamp down on online gambling in the country.
The court heard that in 2011 the individual played blackjack online with an unnamed Gibraltar-based casino and withdrew winnings totalling in excess of 200,000.
Following an investigation German authorities raided the house of the accused and found 73,490 in cash hidden in a shoe box.
The individual had attempted to claim that the prohibition of online gaming infringed upon EU laws that would supersede German laws, however this defence was thrown out as the EU judgement in question only referred to the country’s online sportsbetting regulations.
The man was ordered to repay 63,490 of the cash found at his home and fined a total of 2,100, while also ordered to pay his costs and necessary expenses.
After Germany’s sports betting licence procedure ground to a halt following legal challenges in October last year, bwin.party CEO Norbert Teufelberger said his firm would continue to operate as normal in the country until the situation was resolved.
“Currently we estimate that we are going to continue operating in Germany as is for another year or two, until we have clarity. And not only sports betting but all other products as well,” Teufelberger said at the time.
Poland recently launched more than 1,000 criminal investigations into residents suspected of playing on unlicensed foreign gambling websites, a move which is believed to have led a number of firms to reconsider their presence in the country.