EL Press Release: CJEU Confirms Player’s National Law Governs Illegal Online Gambling Claims
PRESS RELEASE
CJEU Confirms Player’s National Law Governs Illegal Online Gambling Claims
Brussels, 21 January 2026 – The Court of Justice of the European Union (CJEU) has delivered a landmark judgment in Case C-77/24, Wunner, clarifying that claims for losses resulting from illegal online gambling are governed by the law of the player’s Member State of residence.
The Court ruled that claims for restitution against unlicensed online gambling operators fall under non-contractual liability governed by the Rome II Regulation, including actions directed at company directors. Crucially, the damage is deemed to occur where the player is habitually resident, meaning the player’s Member State law governs the claim. The Court emphasized that the location of the gambling operator, servers or licensing authority is irrelevant for determining where the loss occurs.
The Wunner case arose from an action brought by an Austrian-resident player seeking restitution of gambling losses from a Maltese online operator which offered games without the license required under Austrian law. While the operator and its directors argued that the event and resulting damage occurred in Malta, the Court rejected this, confirming that online gambling “takes place where the player is habitually resident” (paragraph 44 of the judgment).
The Court further clarified that directors may incur personal liability if their conduct directly causes damage, ensuring that company officers cannot escape responsibility for illegal gambling operations.
Quotes:
“The Court has unequivocally confirmed that Member States remain competent to protect their citizens from illegal gambling. By anchoring liability in the player’s place of residence, judgment in the Wunner case restores legal certainty, strengthens national gambling frameworks, and ensures EU law cannot be misused to undermine public policy objectives.” - Piet Van Baeveghem, Secretary General, EL
“For the first time, the Court defined where online gambling legally occurs – at the consumer’s location, where harm is suffered. This closes a key legal gap and gives courts a clear basis to tackle illegal cross-border gambling.” - Philippe Vlaemminck, Legal Adviser, EL
[ENDS]
Notes:
JUDGMENT OF THE COURT, 15 January 2026, Case C‑77/24 [Wunner]
CJEU PRESS RELEASE, 15 January 2026, Judgment of the Court in Case C-77/24 [Wunner]
Contact: Lucy Lenaers-Mathieson, EL Communications Officer, E-mail: lucy.mathieson@european-
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The European Lotteries Association (EL) is the European umbrella organisation of entities operating national lotteries and other games of chance, including sports betting. The members of EL are operating their services for the public benefit. EL is the largest and most representative lottery and gambling sector’s organisation in Europe, present in 40 European countries with a total of 70 members, including all EU member states (50 members are in the EU and 20 non-EU member states). EL stands for the sound and sustainable activity model for the benefit of society, based on the values of forward-thinking, sustainability and integrity. EL members only operate in those jurisdictions in which they are licensed by the state and where they comply with the legal requirements (e. g. anti-money laundering, responsible gaming policies, etc), and act as the most responsible operators in each jurisdiction. In 2024, EL members secured more than €26 billion for society and directly supported valuable projects related to sport, cultural heritage, art, health care, individuals with disabilities/disadvantages, education, science and many other areas.
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