Landmark Win: Online-Casino Rollbit.com Defeats German Gambling Loss Claim

gunnercooke’s dispute resolution and crypto partner Felix Thiede has secured a final and binding victory for Rollbit.com, an international online casino and sports betting platform, against a high five-figure German player claim for gambling and betting losses before the Regional Court of Berlin II.

Rollbit.com is based on Curaçao providing exclusively English language content. Consequently, German courts lack international jurisdiction because Rollbit.com did not direct its commercial activities to Germany within the meaning of Article 17(1)(c) of the Brussels I bis Regulation. For the same reasons, German substantive law generally does not apply to the disputed casino games and sports bets pursuant the Rome I Regulation.

Germany’s Booming Gambling Loss Recovery Industry

German courts have become a battleground for “gambling loss recovery” lawsuits, fueled by a claimant-friendly environment. Players won by arguing that gambling contracts are void due to missing domestic licenses under the State Treaty on Gambling (Glücksspielstaatsvertrag), also exploiting the BGH-endorsed ten-year limitation period that exposes operators to claims dating back a decade. This claimant-friendly case law created a cynical incentive structure contradicting the German legislator’s intent to channel gambling into the regulated German market: Players are encouraged to proactively search for online casinos without a German license, believing they can gamble risk-free. The players’ (flawes) calculation is as follows: If they win, they keep the profits. If they lose, they file a lawsuit to recover their stakes.

Specialised websites and litigation funders have industrialised such “Casinoklage” claims in Germany, aggressively recruiting players to sue online casinos and sportsbooks for historical losses. These platforms promise easy refunds whilst disregarding existing risks for players. This mass-claim model pressures internationally licensed operators, including those not actively targeting Germany (e.g., by German-language content), into costly disputes and/or settlements. In such scenarios, strategic defenses are essential to break the cycle and protect against endless template litigation.

Online Casino Gambling Law Defense: A Matter of Targeting, Not Access

International gambling operators require a specific German license to actively offer their services in Germany. German courts, from lower instances up to the Higher Regional Courts and the Federal Court of Justice (BGH), are notoriously strict on this point. If an operator is found to have targeted the German market without a license, the gambling contracts are almost automatically deemed void, leaving little room for a defense on the merits.

Because a merits-based defense is so challenging, the only truly effective strategy is often to defeat the claim at the gateway by challenging the court’s international jurisdiction. The highly complex question at the core of such an international jurisdiction defense is whether the operator directs commercial activities to the Member State of the consumer’s domicile per Article 17(1)(c) Brussels I bis. If not, German courts have no jurisdiction, and the case is dismissed. This analysis also dictates the applicable law; without such targeting, German substantive law generally does not apply under the Rome I Regulation.

Rollbit’s Winning Defense: Jurisdiction Blocks German Claims

Rollbit.com successfully deployed this jurisdictional strategy. By demonstrating it did not direct its activities to Germany, the court was stripped of jurisdiction. This jurisdictional shield avoided any debate on contract voidness under German law. The Regional Court of Berlin II dismissed the claim entirely; the decision is final and binding.

Strategic Takeaways for Casinos and Sportsbooks

Operators licensed in Curaçao, Malta, or elsewhere – regardless of whether they operate from within or outside the European Union – can effectively neutralize German “gambling loss claims” by deploying the right jurisdictional strategy. The Rollbit.com victory demonstrates that it is possible to stop these claims at the door, deterring mass litigation before it starts.

As gunnercooke’s dispute resolution and crypto partner, Felix Thiede has developed a specialised playbook for defending online casinos and sportsbooks against player claims within the European Union (whereever the Brussels I bis Regulation applies). Whether you are facing active litigation or want to stress-test your current exposure to avoid future disputes, a quick strategic assessment can make the difference between a costly settlement, incentivising more player loss recovery lawsuits, and a total defense which acts as a strong deterrent for player claims. Get in touch with Felix to discuss how these principles apply to your platform.