OGH 9 Ob 79/21i (OGH): Status, Rulings and What It Means for Players

What this case is about

OGH 9 Ob 79/21i is a decision of the Oberster Gerichtshof (OGH), Austria's Supreme Court, dated 17 February 2022.

An Austrian player sued T* Limited (Malta) over online poker played from 1 January 2013 to 1 September 2020. The amount in dispute (Streitwert) is EUR 24,872.77, made up of losses of EUR 24,050.23 and USD 940.

The player relied on section 879 paragraph 1 ABGB together with sections 3, 12a and 14 GSpG (nullity), on restitution under section 877 ABGB by analogy and section 1431 ABGB, and on damages with the GSpG as a protective statute.

The case is part of Online Casino Refund Litigation in Germany and Austria.

Who is covered

The ruling decides one player's claim against one operator. It is not a class action and has no claim form.

It has wider weight because the OGH repeated its earlier decision 6 Ob 229/21a. Other Austrian players with similar facts may rely on the same line, though each case depends on its own facts. For the operator's other cases, see T* Limited (Malta) lawsuits.

Is there a payout?

No class payout exists in this case. It is one player's judgment, and the record shows no fund, settlement or claim deadline.

The courts below granted the player's claim of EUR 24,872.77 and the OGH dismissed the operator's Revision. Whether and when the money was paid is not in the record. Filing a settlement claim is free wherever a claim exists, but none exists here. GamblingLawsuits.org is not a law firm and not a claims administrator.

What the court decided

The Landesgericht Salzburg granted the claim on 18 May 2021 (2 Cg 67/20g). The Oberlandesgericht Linz confirmed on 26 August 2021 (3 R 93/21y). On 17 February 2022 the OGH dismissed the operator's Revision.

The OGH repeated the reasoning of 6 Ob 229/21a. Offering online poker without a concession is prohibited even if the operator only earns rake. The contracts are void, and restitution is owed even where the player knew of the prohibition. The operator is passively legitimized, and the Austrian monopoly is compatible with EU law.

On the tort claim, the operator bears the burden of showing that the player would have lost the same amount with a licensed provider. As of 14 November 2026 the case is decided, with no further hearing date.

Why it matters

The decision extended the Austrian refund line from online casino games to online poker. It shows how the OGH treats a platform that earns a rake rather than the player's loss.

German and Austrian first-instance judgments should be read through appellate decisions like this one, not as proof that every court rules for players. For the wider picture, see can you get gambling losses back.

Questions people ask

Can you get online poker losses back in Austria?

In this case, yes. The OGH upheld a refund of about EUR 24,873 for poker played 2013 to 2020 against an operator without an Austrian concession. Each claim depends on its own facts.

Does the operator's role as rake taker matter?

The OGH said it does not. Offering online poker without a concession is prohibited even if the operator only earns rake.

Was this a class action?

No. It is one player's claim, decided on appeal, and no claim form or deadline exists.