Dutch Court Cases Against Online Casinos Highlight Legal and Ethical Dilemmas
A recent segment on PowNews focused on the ongoing legal battles against online casinos that operated in the Netherlands before the legalization of online gambling. The program featured interviews with lawyer Benzi Loonstein, Kansspelautoriteit (Dutch Gambling Authority) spokesperson Marloes Derks, and Feite Hofman from AGOG (Association of Gambling Addiction Support Groups).
The segment opened with the question:
“Isn’t it a bit strange that if you gamble, make a bet – which you lose – at an illegal casino, you then try to claim your money back?”
This question set the stage for a discussion about the lawsuits filed by online gamblers against casinos that operated without a license before October 1, 2021.
Feite Hofman argued that the key issue is the word “illegal.” Since these gambling companies were not permitted to operate, players should be able to reclaim their money.
Lawyer Benzi Loonstein, who has won several cases against online gambling companies, echoed this sentiment. While he refrained from predicting the overall success rate of these consumer lawsuits, he expressed optimism based on previous rulings. He noted that consumers had won 14 cases, while the gambling company prevailed in only one.
The Gambling Authority’s Perspective
Marloes Derks of the Kansspelautoriteit addressed why these gambling companies were able to operate online for so long. She maintained that the regulatory body was not a “paper tiger,” but faced limitations in the past. These included low maximum fines and the need to prioritize more serious offenses.
Derks also highlighted the societal acceptance of (online) gambling:
“Gambling is a socially accepted product. It’s similar to downloading illegal movies and music. If you admitted to doing that, no one would call you out on it. It’s the same with gambling. And the internet doesn’t stop at the border. So, you can say, ‘That’s not allowed in the Netherlands,’ but you can still access the product from abroad.”
Derks confirmed that online gambling was widespread before October 1, 2021, estimating that 300,000 to 400,000 Dutch individuals gambled online annually.
“Before the market opened, we saw approximately 150,000 players per month at illegal casinos. (..) Not every player plays every month, but if you estimate around 300,000-400,000 (per year), you’re likely in the right range.”
She emphasized that these figures are estimates, and a precise count of online gamblers at illegal casinos before legalization is impossible. The most reliable figure remains the 150,000 monthly players at illegal casinos.
Ethical Considerations and Addiction
Feite Hofman acknowledged the difficulty in quantifying the extent of gambling addiction in the Netherlands. However, he noted increased attention to online gambling and related addiction issues, leading to more research and data collection. He stressed that gambling problems existed before 2021.
Hofman raised concerns about the potential impact of returning lost funds to individuals struggling with addiction:
“That’s a very good question. If someone who is ‘hooked’ on gambling suddenly receives a large sum of money in their account… What would they do with it? So, it might be like putting temptation in their path.”
Billions at Stake
Loonstein Advocaten, representing gamblers seeking to recover their losses, estimates that over €10 billion was gambled at unlicensed online casinos before October 1, 2021.
Loonstein also reported that Unibet is no longer cooperating with such claims, refusing to provide players with the transaction history needed to file a claim. This change stems from a shift in Unibet’s ownership. Française des Jeux (FDJ), the French company that acquired Unibet in October, did not acquire Trannel International Limited (the former company behind Unibet in the Netherlands). Consequently, the current parent company claims it cannot provide transaction histories from the period when Unibet was under Trannel’s control.
The Kansspelautoriteit considers this situation undesirable but acknowledges that the current Unibet license holder is not the same company. This makes intervention difficult, according to Derks. However, the Kansspelautoriteit is in discussions with the current license holder to express its dissatisfaction with the situation.
Awaiting Guidance from the Supreme Court
Many of the lawsuits against gambling companies are on hold, awaiting answers from the Supreme Court on preliminary questions. The courts of Amsterdam and North Holland chose to submit these questions after conflicting rulings in other courts. One judge suggested that Article 1 of the Dutch Gambling Act, which had been used to invalidate gambling agreements in other cases, had lost its relevance. The Supreme Court has been asked to determine whether this loss of relevance has occurred.
Interested parties in these lawsuits have submitted their comments on the questions to share their perspectives with the Supreme Court. Benzi Loonstein indicated that clarity on these comments is expected by June 5, 2025.
The Supreme Court will then formulate answers to the preliminary questions. The lower courts hope this will provide clear guidance on how to rule in the lawsuits filed by players against unlicensed gambling companies. The Supreme Court is expected to issue its answers by the end of 2025.
If you feel you no longer have your gambling under control, you can register with Cruks (Central Register of Exclusion of Games of Chance). Once registered, you can no longer play at land-based and online casinos. Cruks is a tool, not the ultimate solution. Seek help if you cannot manage on your own.
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