As pioneers in the recovery of online sports betting, Gamesright has been financing proceedings against European gambling operators since 2021. The Federal Court of Justice (BGH) will decide for the first time on a case financed by Gamesright against the sports betting operator Tipico (case number I ZR 90/23, we reported). The Federal Court of Justice has now announced the date for the verdict.
Background:
For over a decade, almost all well-known online sports betting providers have offered prohibited bets without a German license. They cite licenses from abroad and failures by the German authorities. The ones who suffer are the players who believed the providers' omnipresent advertising.
“Tipico did not have a license for online sports betting in Germany until October 2020.”
So For example, from 2013 to 2020, Tipico advertised with football icon Oliver Kahn and the advertising slogan “Your bet in safe hands”Tipico is a partner of the DFL and FC Bayern. So it's no wonder that the players trusted the brand. What they didn't know: Tipico didn't have a German license until October 2020 and therefore wouldn't have been allowed to offer online sports betting. The company's headquarters are officially in Malta. Almost all of those affected have lost their money. Many have also lost their families and their livelihoods. The Federal Government's Drug Commissioner speaks of 1.3 million citizens with gambling disorders.
Also interesting: In 2016, the international group CVC 60 percent of the betting provider. CVC is one of the ten largest private equity firms worldwide, whose financiers are said to include the Saudi Arabian sovereign wealth fund PIFCVC is already involved in various sports leagues. The attempt to also to participate in the DFL failed in February 2024 after protests by fans. Fans of German clubs have been speaking out against the links between betting companies and professional sports for some time now. The relationship is also unhealthy because the betting providers make around five times more revenue than the clubs. Gamesright is a partner of first division club Mainz 05. Hans Sarpei As a brand ambassador, he sheds light on the grievances.
“The BGH’s decision was delayed.”
After CVC's involvement failed, the decision in the local proceedings against Tipico was to be announced in March 2024. But Tipico was willing to negotiate. The proceedings were suspended by mutual agreement in order to conduct settlement talks.
In the meantime, another hearing was scheduled before the Federal Court of Justice. In parallel proceedings, a player had sued Betano (global sponsor of UEFA EURO 2024) for repayment and won before the Higher Regional Court in Dresden. Betano had appealed against this to the Federal Court of Justice. In its advisory decision, the Federal Court of Justice announced that it would rule in favor of the player. Betano then withdrew the appeal. The player will therefore receive his money back.
“An agreement with Tipico has failed.”
Despite the clear advice from the BGH, no agreement was reached with Tipico. Tipico does not accept the BGH's statements as final. They also maintain that many claims expire after just three years. The higher regional courts, on the other hand, assume that the statute of limitations only expires after ten years in favor of those affected. Tipico wants to cut seven years off this and - if necessary - hand over the payments it received illegally over the last three years.
The BGH will decide on this before the summer break, on 27 June 2024If he confirms the ten-year statute of limitations, which is to be expected, the sports betting providers will be obliged to reimburse all losses from illegal sports betting over the past ten years. Experts estimate the black market over this period to be worth 20-26 billion euros.
“A ruling by the Federal Court of Justice is likely to trigger a real landslide.”
Every week, thousands of those who have been deceived decide to demand their money back from the providers of illegal betting. The BGH's advice has also strengthened the confidence of the companies that finance these demands for reimbursement and make them possible. Gamesright is designed to support tens of thousands of legal disputes over the years.
However, if Tipico's legal opinion on the statute of limitations should, contrary to expectations, prevail, the statute of limitations can only be stopped by filing a lawsuit quickly in 2024. Those affected should therefore act immediately and seek legal advice. Gamesright bears all associated costs and only receives a share if money is actually paid back. Those affected therefore have no costs and no financial risks now - they can only win.
Conclusion
The Federal Court of Justice will hear the case between Gamesright and Tipico on June 27, 2024 and is expected to announce its verdict on that day. In a detailed advisory decision, it had already announced that it would confirm a player's claim for reimbursement. In doing so, it encourages all affected players to recoup their losses. At the same time, it sends a clear signal to all providers who have offered online sports betting without a German license.
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