OGH 7 Ob 155/23d (OGH): Status, Rulings and What It Means for Players

What this case is about

OGH 7 Ob 155/23d is a decision of the Oberster Gerichtshof (OGH), Austria's supreme court, dated 11 December 2023. It belongs to Online Casino Refund Litigation in Germany and Austria, where players sue to recover losses from online casinos.

An Austrian player sued T* Limited (Malta) over play from 24 March 2013 to 6 April 2022.

The claims rest on § 879 Abs. 1 ABGB in connection with §§ 3, 12a and 14 GSpG (nullity of the gambling contracts), on § 877 ABGB analog and § 1431 ABGB (restitution), and on damages, with the GSpG as a protective statute.

The sum at issue was EUR 615,996.18. The Landesgericht für Zivilrechtssachen Wien (12 April 2023, 62 Cg 69/22f) and the Oberlandesgericht Wien (29 June 2023, 11 R 131/23z) both granted the claim.

Who is covered

The ruling directly concerns one Austrian player and one Malta-licensed operator. Its reasoning reaches further: it affects players who gambled from outside Austria, because the court held the GSpG territorially limited.

Austrian background is on Gambling Lawsuits in Austria.

The operator's other cases are on the T* Limited (Malta) Lawsuits page.

Is there a payout?

No payout exists in this case in the sense of a settlement fund or claim process. It is an individual judgment between one player and one operator, and the record shows no class, no administrator and no claim form.

EUR 516,262.71 of the sum became final for that player. The record does not show whether the operator has paid it. Other players receive nothing from this decision.

What the court decided

The OGH decided on 11 December 2023. It set aside EUR 46,170.33 of the award, the part relating to games played from Croatia, Slovenia, Slovakia and Kosovo, and sent that part back to the lower court.

The OGH held that the GSpG is territorially limited. It does not void contracts for play from abroad, and a player who relies on a foreign prohibition must plead it.

The remaining EUR 516,262.71 stayed final. As of 14 November 2026 the case is recorded as a judgment, and the record does not show the result of the remanded part.

Why it matters

The ruling is the Austrian counterpart to the German dispute over place of play, now before the Bundesgerichtshof in BGH I ZR 78/25. It shows that a refund claim can succeed in part while the portion tied to play from abroad needs a different legal basis.

For the wider picture across countries, see Can You Get Gambling Losses Back.

Questions people ask

Does the Austrian GSpG apply to play from abroad?

No, not on its own. The OGH held on 11 December 2023 that the GSpG is territorially limited and does not void contracts for play from abroad.

How much of the EUR 615,996.18 stayed final?

EUR 516,262.71 stayed final. The OGH set aside EUR 46,170.33 and remanded it.

What must a player plead for play from abroad?

The OGH held that the player must plead a foreign prohibition, because the GSpG alone does not void the contracts.

Related cases

• BGH I ZR 78/25: the German case on refunds for play from abroad, status appealed.

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