The Dutch Supreme Court has ruled that players are not entitled to automatic refunds for losses incurred at unlicensed online gambling operators. The decision, issued on July 6, 2026, clarifies that the Gambling Act does not render agreements with illegal providers void.
The court determined that the legislative history of the Wok contains no indication that the legislature intended to invalidate agreements concluded in violation of the act. The ruling notes that the Remote Games of Chance Act of 2021, which legalized licensed online gaming, did not alter this interpretation regarding nullity.
Legal Proceedings and Market Context
The judgment responds to preliminary questions from the District Court of Amsterdam and the District Court of North Holland. Two players sought to recover significant losses through legal action based on Article 3:40 of the Civil Code, which addresses agreements contrary to law or public order.
The ruling arrives as the Kansspelautoriteit (KSA) intensifies enforcement against the illegal market amid debates regarding Bill 55. The regulator recently imposed a €24.8m penalty on Novatech for illegal operations and issued a fine to Chestoption Sociedad de Responsibilidad Limitada, the operator of the Vave platform.