Breda court: bwin player loses, tolerance policy (Rechtbank Zeeland-West-Brabant): Status, Rulings and What It Means for Players

What this case is about

The Rechtbank Zeeland-West-Brabant (Breda) dismissed a Dutch player's claim against bwin on 29 May 2024, under ECLI:NL:RBZWB:2024:3524 (C/02/413925 / HA ZA 23-482, case GL-NL-0005). The player had opened his account in 2015 and sought EUR 94,479.65 on the basis that the gambling contracts were void under art. 3:40 BW.

The defendant was bwin (Electraworks Europe Limited), and the player's counsel was Loonstein. The case belongs to the wider Online Casino Refund Litigation that began in Germany and Austria and now reaches Dutch courts.

Who is covered

This is an individual case between one Dutch player and one operator. The judgment binds only those two parties.

Dutch players with similar claims are not covered by it, and other Dutch courts have decided similar cases separately. See Gambling Lawsuits in the Netherlands for the Dutch cases, and Entain (Ladbrokes, bwin, Neds) Lawsuits for the operator group.

Is there a payout?

No payout exists in this case. The court dismissed the claim for EUR 94,479.65, and the player was ordered to pay EUR 5,443 in costs.

The record shows no fund, no settlement and no claim process for other players.

What the court decided

On 29 May 2024 the court dismissed the claims (status: dismissed, as of 14 November 2026). It accepted that bwin acted illegally but found a de facto tolerance policy.

The Dutch regulator KSA had issued prioritisation criteria in 2012 and had told bwin its site met them. The court also held that the player bore responsibility for his own choices.

Why it matters

The ruling split the lower courts and led to the referral to the Hoge Raad, the Dutch Supreme Court. Dutch judges had not agreed on whether illegal online gambling contracts allow refunds, and this decision went against the player.

For a comparison of what courts have ordered in several countries, see Can You Get Gambling Losses Back.

Related cases

• Hoge Raad 3 juli 2026: ECLI:NL:HR:2026:1159, the Supreme Court's answer to preliminary questions in cases 25/00202 and 25/00204 (PokerStars and bwin).
• Rechtbank Overijssel 17 april 2024: ECLI:NL:RBOVE:2024:2078 and 2079, two bwin and PokerStars judgments from the same spring.

Questions people ask

Why did the Breda court reject the player's claim?

The court accepted that bwin acted illegally but found a de facto tolerance policy. The KSA had issued prioritisation criteria in 2012 and told bwin its site met them, and the player bore responsibility for his own choices.

How much did the player lose in court?

His claim for EUR 94,479.65 was dismissed, and he was ordered to pay EUR 5,443 in costs on 29 May 2024.

Did this ruling decide Dutch refund claims?

No. It split the lower courts and triggered the referral to the Hoge Raad. It binds only the two parties.