Legislator Case Law & Legislation
ECLI:NL:OGHACMB:2023:31 ECLI:NL:OGHACMB:2023:31 AI generated

Court holds online casino operators and their licensing holder liable for unpaid gambling winnings due to special duty of care.

Case Number ECLI:NL:OGHACMB:2023:31
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially reversed the lower court's decision, ordering online casino operators and their licensing holder to pay unpaid gambling winnings. While the lower court had dismissed claims against the licensing entity, the appellate court found a special duty of care requiring the license holder to ensure payouts by its licensees. Consequently, the court held the casino operators and the licensing holder jointly liable, while rejecting the claim against the individual administrator.

Legislator headnote

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Articles 10 and 11 of the Gambling Act 2005; The licensing holder bears a special duty of care to ensure prize money is paid by its licensees, making it liable for their non-performance to prevent unjust enrichment.

Keywords

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Gambling Act 2005 Special duty of care Prize money payment Joint liability Licensing holder responsibility Unjust enrichment Online casino operations

Cited Legislation

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Articles 10 and 11 of the Gambling Act 2005
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Cited Case Law

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