An attempt by a Dutch gambler to recover about €100,000 ($108,200) that he lost with Bwin, which is owned by Entain, was unsuccessful. In an attempt to terminate his gaming contract with Bwin, the gambler—represented by attorney Benzi Loonstein—claimed substantial losses from 2017 to 2021, a time frame prior to the implementation of Dutch gambling laws.
In the plaintiff’s opinion, Bwin violated the duty of care by operating without a Dutch license at that particular moment. He gave examples of comparable cases involving agreements that were void against operators like as PokerStars and Unibet.
Judge Rules Against Retroactive Application
The Zeeland-West Brabant Court dismissed the gambler’s lawsuit, clarifying that the Remote Gambling Act of 2021 couldn’t be applied retroactively. The judge emphasized that the law aims to protect players and prevent fraud, but it doesn’t affect agreements made before its enforcement.
The judge observed that “Article 4 of the General Provisions Act states that the law has no retroactive effect,” emphasizing that the majority of the gambler’s claims related to pre-regulation actions.
Furthermore, the court did not discover any proof that Bwin had violated his duty of care. Records from the operator indicated that in 2018, the gambler had asked Bwin for a six-month account freeze, which was granted. In addition, the business provided self-exclusion tools, limitations, resources for responsible gaming, and round-the-clock customer service.
The gambler may choose to appeal the decision in spite of it. Nevertheless, he must now pay the legal fees.
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