EU Courts May Order Refunds Without License

In EU countries, courts may require operators without a local license to refund players’ losses.

Case Against Tipico

This position is outlined in the opinion of the Advocate General of the Court of Justice of the EU, Nicholas Emiliou, in case C-530/24 (DK v. Tipico) dated March 19.

The case stems from a claim filed by a German player against the Malta-based operator Tipico, seeking the return of approximately €3.7K lost on sports betting during a period when the operator did not hold a German license.

Nature of the Claim

The player is demanding a refund, citing the absence of a local license in Germany.

Advocate General’s Position

According to Emiliou, a license issued in one EU country does not exempt an operator from obtaining a license in the country where services are provided.

Conditions for Exceptions

An exception is possible only if public authorities have given the operator clear, unconditional, and consistent assurances that the licensing requirement would not be enforced.

Status of the Opinion

The Advocate General’s opinion is non-binding.

The final decision in the case will be made by the Court of Justice of the European Union.