OGH 10 Ob 8/24k (OGH): Status, Rulings and What It Means for Players

What this case is about

The Oberster Gerichtshof (OGH, the Austrian Supreme Court) decided case 10 Ob 8/24k on 14 May 2024: deposits made from a company account are stakes of the player when they go to the player's registered account.

An Austrian player sued L* plc (Malta) to recover online gambling losses. The case belongs to Online Casino Refund Litigation in Germany and Austria.

The player's legal grounds were nullity of the gambling contract under § 879 Abs. 1 ABGB in connection with §§ 3, 12a and 14 GSpG, restitution under § 877 ABGB (by analogy) and § 1431 ABGB, and damages with the GSpG treated as a protective statute.

Deposits came to EUR 51,635 and withdrawals to EUR 37,450, a net loss of EUR 14,185.

Who is covered

The ruling decides one player's claim against one operator. It also states a rule that applies to similar claims: restitution runs between the parties of the apparent relationship, meaning the player and the operator.

Austrian players whose deposits came from a business account, in this case the player's KG, are the group the reasoning touches. Other Austrian cases are listed under Gambling Lawsuits in Austria.

Is there a payout?

No payout exists through a claim process in this case, because it is one player's lawsuit and not a class settlement with a fund. The courts ordered the operator to repay this player EUR 14,185, the net of EUR 51,635 deposited less EUR 37,450 withdrawn.

Filing a settlement claim is free where a claim exists, but none exists here. GamblingLawsuits.org is not a law firm or a claims administrator.

What the court decided

The OGH rejected the operator's Revision on 14 May 2024. The decision held that deposits to the registered player account are the player's stakes, regardless of who bore the economic burden.

The route through the courts ran in three steps:

• BG Telfs (7 July 2023, 2 C 181/23h) awarded only EUR 675, the part provably paid from the player's own account.
• LG Innsbruck (24 November 2023, 3 R 238/23f) awarded the full amount.
• The OGH rejected the Revision.

As of 14 November 2026 the case is decided and the record shows no later step.

Why it matters

The operator argued that most of the money came from the player's company, possibly his KG. The OGH answered that the registered account holder is the player in law, so the source of the funds does not reduce the claim.

For what courts in different countries have ordered, see Can You Get Gambling Losses Back.

Questions people ask

Does it matter whose bank account the deposits came from?

In this case it did not. Only EUR 675 was provably from the player's own account, and the rest possibly from his KG, yet the OGH held that deposits to the registered player account are his stakes.

How much did the player win?

EUR 14,185, the difference between EUR 51,635 in deposits and EUR 37,450 in withdrawals. The first court (BG Telfs) had awarded only EUR 675.

Which court heard the case first?

BG Telfs, in a judgment dated 7 July 2023 (2 C 181/23h). LG Innsbruck heard the appeal on 24 November 2023 (3 R 238/23f) before the OGH decided on 14 May 2024.