OGH 6 Ob 33/25h (OGH): Status, Rulings and What It Means for Players

What this case is about

OGH 6 Ob 33/25h is a decision of the Oberster Gerichtshof (OGH), Austria's supreme court for civil matters, dated March 26, 2025. An Austrian player sued R* Ltd, an operator based in Malta, to recover online casino losses. The case belongs to Online Casino Refund Litigation in Germany and Austria.

The player argued that the gaming contracts were void under § 879 Abs. 1 ABGB in connection with §§ 3, 12a and 14 GSpG, and claimed repayment under § 877 ABGB (by analogy) and § 1431 ABGB. The claim also rested on damages, with the GSpG as a protective law.

Who is covered

The ruling decides the dispute between one Austrian player and one Malta-based operator. It is not a class action and has no claim deadline.

The play period ran from October 18, 2020 to November 23, 2021. The claim was EUR 31,127, against total losses of EUR 31,642.97. More decisions from Austria are indexed under Gambling Lawsuits in Austria.

Is there a payout?

No payout exists in this case as a settlement fund or claim process. The record shows a judgment in favor of one player for EUR 31,127, and it does not show whether or when the operator paid.

Nobody else can file a claim in this case. Filing a settlement claim is free where a settlement exists, and this site is not a law firm or a claims administrator.

What the court decided

The Oberlandesgericht Wien had granted the claim on January 20, 2025 (docket 2 R 151/24a). The OGH then rejected the operator's extraordinary revision on March 26, 2025.

Three points carried the decision. The concession system is EU-compliant as a whole (RS0130636). No findings were needed on the monopolist's advertising rules or on untendered casino concessions. The argument that Austrian rules are inadmissible under Maltese ordre public fails.

As of November 14, 2026 the OGH decision is the last step in the record, and the record shows no open item.

Why it matters

The decision closes one defense that Malta-based operators raised: that Austrian gambling rules cannot be applied because they offend Maltese public policy. The OGH rejected it and left the lower-court award standing.

Outcomes of individual claims still depend on the facts, the period and the operator, so the case does not mean that every claim succeeds. For a country-by-country overview, read Can You Get Gambling Losses Back.

Questions people ask

What did OGH 6 Ob 33/25h decide?

On March 26, 2025 the OGH rejected the operator's extraordinary revision against the OLG Wien judgment of January 20, 2025. The Maltese ordre public argument failed, and the EUR 31,127 claim stood.

Which losses were claimed?

Losses from October 18, 2020 to November 23, 2021. The claim was EUR 31,127, against total losses of EUR 31,642.97.

Is the Austrian concession system EU-compliant?

The OGH treated the concession system as EU-compliant as a whole (RS0130636) and needed no findings on advertising rules or untendered concessions.