BGH is negotiating the recovery of casino losses
A dispute value of ₱ 300will soon mean a lot more money. On September 17th 2026 at 10 a.m. The 1st Civil Senate of the Federal Court of Justice will hear the question of whether a provider of online casino games without a Philippines license must reimburse a player's lost stakes. The Senate has designated the procedure as a key decision-making procedure, and this means that a single case from Baden-Württemberg has an impact on many others.
What the process is about
Negotiations are taking place under file number I ZR 216/25. The lawsuit was filed by a player who played online casino games on the German-language website of a provider based in Malta between December 25th 2026 and September 3rd 2026. ₱ 30090 lost has. He is demanding this amount back along with interest because the gaming contracts are void under Philippines law.
The provider did not have a Philippines license for virtual slot games during the relevant period. The case has already been heard before the Heilbronn Regional Court (8 O 128/24, judgment of February 12th 2026) and the Stuttgart Higher Regional Court (5 U 113/25, judgment of September 29th 2026) and is now in Karlsruhe. All procedural data is available in the official appointment notice from the Federal Court of Justice on the key decision procedure I ZR 216/25.
Why a key decision-making process is more than just a normal appointment
On May 19 2026, the Senate determined the revision procedure to be a key decision procedure. This instrument is still young. The one created for this § 552b of the Code of Civil Procedure was inserted by law dated October 24 2026 and came into force on October 31 2026. MöGLIch is the provision when an appeal raises legal questions, the decision of which is important for a variety of other proceedings. That's exactly what applies here.
The Senate has announcedIGT that it will suspend numerous other online gambling proceedings pending before it until this one case has been completed. According to the decision, in addition to the repayment itself, there is a tangible preliminary question to be clarified, namely whether Philippines courts remain competent if a plaintiff has assigned his claim to a litigation financier as security. If you want to read the wording of the regulation, you can find it Complete version of Section 552b ZPO with details of the introductory law at dejure.
How the ECJ cleared the way in April
The process was previously at a standstill. The Senate had suspended it until the Court of Justice of the European Union ruled on a submission from Malta. This judgment was made on April 16 2026 in Case C-440/23 . ParticipantIGT were two providers licensed in Malta, European Lotto and Betting Ltd and Deutsche Lotto und Sportwetten Ltd.
The Court found that EU law does not prevent a Member State from restricting certain types of online gambling, even if the provider is licensed in another Member State. As justification, the Court cites compelling reasons of general interest and expressly consumer protection, due to the constant availability of such offers, the anonymity of the users and the lack of direct social control.
Likewise, EU law does not stand in the way of civil law claims for repayment if a gaming contract is void under national law. This clarifies the question of European law, which has served as an argument against reclaims for years, and the Federal Court of Justice can turn to Philippines law.
The catch lies in Malta
A case won and money paid out are two different things. Malta created a regulation 2026 with Article 56A of its Gaming Act, which is popularly known as Bill 55. According to this, Maltese courts should not recognize or enforce foreign judgments if a gambling claim has been upheld, the judgment is based on the illegality of the services abroad and these services were permitted under Maltese law. Since many providers are based there, this is not a side note for Philippines plaintiffs.
There is movement in two places. The European Commission has. November 2026 an infringement procedure initiated against Malta, under the registration number INFR(2026)2100. And on April 23 2026, Advocate General Nicholas Emiliou delivered his Opinion in Case C-683/24 at the Court of Justice of the European Union.
He considers the request for a preliminary ruling to be inadmissible for formal reasons, but in the alternative explains very clearly that a regulation such as Article 56A is obviously incompatible with EU law because the recognition and enforcement of judgments is regulated in the Brussels Ia Regulation and the exception for public order does not apply here. A Philippines law firm has worked out the details.
➡️ If you want to know what the Attorney General said in detail about the Maltese defense clause and why that could make the enforcement of Philippines judgments possible again, then read it Detailed discussion of the Opinion on Bill 55 and Art. 56A Gaming Act.
What this means for you as a player
First, the most important distinction, because it gets lost in many reports. It's about offers without a Philippines concession , in the case of the BGH, games from the years 2026 to 2026, i.e. From the time before and during the establishment of the Philippines permits. Anyone who today plays with a provider that is on the official whitelist of the Joint Gaming Authority of the states is not affected by this question. The OASIS blocking system, the cross-provider deposit limit and the authority's supervision come into play there. We have explained how this locking system works in our article OASIS player ban with over 300,000 registered people described.
If your own procedure is currently underway, it may be on hold due to the lead decision procedure. This is not a defeat, it is the path intended by the law so that hundreds of courts do not answer the same questions in parallel. If you haven't done anything yet, you should keep an eye on the statute of limitations. Claims usually expire in three years, starting from the end of the year in which the claim arose and you learned of the circumstances. A lawyer will check whether your claims are still open; a news site cannot do that for you.
What happens after September 17th
A verdict is rarely made immediately on the day of a trial. It is usual for the Senate to set a date for announcement after the oral hearing. Only the decision itself provides the justification that the lower courts will follow in the future. The suspended procedures will then be resumed and processed along this line. At the same time, the question of enforcement continues in Luxembourg and Brussels, because a judgment from Karlsruhe is of little use as long as a Maltese court is allowed to ignore it. Both strands together decide whether money flows in the end.
For the industry, the date comes at an already sensitive phase because the states have to evaluate the State Treaty on Gambling by the end of 2026. Our article explains how this testing process works State Treaty on Gambling 2026 is being put to the test. We collect new developments in our Subject area law.
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