Online gambling in Austria – KOSMO
Each country has its own laws regarding gambling on the Internet. This is no different in Austria than in Germany or Switzerland. Online gambling is allowed in Austria, and sports betting can also be placed. However, both are subject to certain legal rules.
The Austrian Gambling Act
While in Germany the State Treaty on Gambling was newly decided in 2021, the Austrian counterpart – the GSpG – has been in force since 1989. It is difficult for the legal text to clearly name online games of chance. According to the Federal Ministry of Financethat distributes the concessions for online casinos, § 12 of the legal text, which deals with “electronic lotteries”, applies to games of chance on the Internet.
The Gambling Act makes some regulations for player protection. A maximum bet of 10 euros is stipulated, and the maximum winnings may not exceed 10,000 euros (compare § 5 paragraph 5).
In fact, the number of state-licensed online casinos and betting sites in Austria is quite manageable. Many Austrians therefore also look to foreign providers for entertaining games and the best World Cup 2022 betting odds Show.
In principle, criminal prosecution of players who use foreign casinos would be conceivable. De facto, however, there are still no known cases – neither in Austria nor in Germany – in which the state has held players accountable. The official ban on foreign offers is therefore toothless.
International Casinos
In many cases, Austrian players register online in casinos that are based in other European countries. Popular are the islands of Gibraltar, Malta and Curaçao, which issue sites with online gambling licenses and are therefore suitable as locations. The fact that these international casinos are located in Europe gives the operators the opportunity to invoke the European freedom to provide services. This grants online casinos the right to address all market participants in the European currency area on an equal footing.
EU freedom to provide services vs. gambling monopoly
Lawyers have already dealt with the question of what is more important: the state gambling monopoly or the freedom to provide services in the EU? The latter represents one of the four basic freedoms in Europe, so it is not a simple EU directive that would be subject to constant changes.
In the recent past, Austrian courts have often judged in the interests of the players when it comes to the reimbursement of losses. This is justified with the illegitimacy of the operator, because this Austrian concession, their own and MGA or Curaçao licenses have no relevance. Apparently, these lawsuits are weighted more heavily than the freedom to provide services.
Claims for recovery often successful
In the event of a lost deposit, Austrian players have a high chance of being reclaimed if they played online at an international European casino. Although the operators of these casinos have legally defended themselves against such claims – in the end they all got the same verdict.
If there are no payouts in the event of a win, it may also be worthwhile filing a complaint with the licensor before legal action is taken. Appropriate complaint forms are available online for download.