Jurisdictional requirement for restitution of online gambling losses: necessity of consumer's physical presence within the treaty area

The Federal Court of Justice (BGH) ordered the admission of the consumer plaintiff's appeal (Revision) against the decision of the Munich Higher Regional Court, thereby permitting the case to proceed to the supreme level on its merits. The dispute concerned a consumer's claim for restitution of gambling losses, with the critical factual issue being whether the player was located within the territorial scope of the German gambling treaty at the time of participation. The decisive legal basis for the ruling is the fundamental significance of the question under § 543 Abs. 2 Satz 1 Nr. 1 ZPO, specifically whether a restitution claim under §§ 812 Abs. 1 Satz 1, 134, or 823 Abs. 2 BGB for losses incurred via illegal online gambling (violating § 4 Abs. 4 GlüStV 2012) requires proof that the consumer was physically present in the treaty's jurisdiction during the relevant gaming sessions.