The Dutch Supreme Court issued a preliminary ruling on 3 July 2026 in two online gambling cases. Players sought repayment of gambling losses from Malta-based operators that lacked Dutch licences.
The ruling turns on Article 1(1)(a) of the Dutch Gambling Act and Article 3:40 of the Civil Code. The court held that the Gambling Act did not intend to impair contract validity where an operator breached the licensing prohibition.
Unlicensed online gambling operators gain a narrower defence to automatic restitution claims based only on statutory nullity. Players and claims vehicles must plead other grounds, including defects of consent, tort, unfair commercial practices, or mistake, where facts support them.
The court left those alternative claims open. It did not answer restitution consequences because it rejected nullity. It also applied the same approach where an operator says it only enables players to play against each other.
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