- Status
- Dismissed (dismissed)
- As of
- 27 Sep 2022 · read from the court record
- Court
- Oberster Gerichtshof, 2. Senat · Supreme or high court
- Docket
- 2 Ob 138/22s (LG Linz 38 Cg 60/21t; OLG Linz 1 R 173/21y)
- Filed
- 2021
- Type
- Individual suit, sportsbook and fantasy lawsuits
- Money
- 23,577.42 EUR claimed (winnings of 25,977.42 EUR on six 400 EUR bets of 15.12.2019 less 2,400 EUR refunded stakes); dismissed; earlier winnings repayable
- Payout
- No payout exists as of 14 Nov 2026
Status words follow the court record: a complaint states one side's allegations, only the court's orders decide anything. Filing a settlement claim is always free.
What this case is about
The stake limit of the Upper Austrian betting act applies to the single economic bet even if split into several contracts; bets above the limit are absolutely void, the player cannot claim winnings and must repay winnings already paid. Player-versus-bookmaker case outside the refund line.
What this case is about
OGH 2 Ob 138/22s is a judgment of the Austrian Supreme Court (Oberster Gerichtshof, 2nd Senate) of 27 September 2022 in a suit by a bettor against a bookmaker licensed in Upper Austria. The case was filed in 2021 and came up from LG Linz (38 Cg 60/21t) and OLG Linz (1 R 173/21y).
On 15 December 2019 the bettor placed six near-identical combination bets of 400 EUR across terminals. The claim relied on the 500 EUR stake limit in section 9 Z 4 of the Upper Austrian betting act (Oö.
Wettgesetz) and on section 879 ABGB (nullity of the contracts). The case is a sports betting dispute, listed under Sports Betting Lawsuits, and sits outside the German and Austrian refund line against online casinos.
Who is covered
The plaintiff is one bettor, and the defendant is the licensed bookmaker (Buchmacherin). It is an individual case, not a class action.
The ruling is a precedent for bets placed with bookmakers under the Upper Austrian betting act. Other Austrian cases are listed on Gambling Lawsuits in Austria.
Is there a payout?
No payout exists in this case. The bettor claimed 23,577.42 EUR, which is the 25,977.42 EUR in winnings from the six 400 EUR bets of 15 December 2019 less 2,400 EUR in stakes already refunded, and the claim was dismissed.
Money also runs the other way: winnings already paid are repayable, according to the ruling.
What the court decided
LG Linz decided the case on 18 October 2021 and OLG Linz on 4 May 2022. The Supreme Court dismissed the revision on 27 September 2022.
It held that the stake limit applies to the single economic bet even when the bet is split into several contracts. Bets above the limit are absolutely void (absolute Nichtigkeit). The player cannot claim winnings and must repay winnings already paid.
As of 14 November 2026 the status is dismissed, with no further step recorded. The text of the decision is published on the Supreme Court's website and in the Austrian legal information system.
Why it matters
The decision matters for any bettor who splits one wager into several bets below a statutory cap. Under this ruling the split does not help, because the court treats the bet as a single economic unit.
The page Can You Sue a Casino or Sportsbook That Refuses to Pay sets this ruling beside other disputes over winnings and voided bets.
Related cases
- GL-AT-0511, OGH 6 Ob 45/16k of 30 May 2016 (Goldbet, Innsbruck): a bookmaker's one-sided withdrawal from combination bets was held grossly disadvantageous, and 464,806.96 EUR was awarded (status: judgment).
Questions people ask
Does the stake limit apply when a bet is split into several bets?
Yes, according to the OGH. The Upper Austrian 500 EUR limit applies to the single economic bet even if it is split into several contracts, and bets above it are absolutely void.
Did the bettor keep the winnings?
No. The claim of 23,577.42 EUR was dismissed, and the Supreme Court held that winnings already paid are repayable.
Who is involved
Plaintiffs: bettor who split six near-identical combination bets of 400 EUR across terminals on 15.12.2019
| Defendants | bookmaker licensed in Upper Austria (Buchmacherin) |
|---|---|
| Claims |
|
Is there a payout?
No payout exists in this case as of 14 Nov 2026. The court record shows 23,577.42 EUR claimed (winnings of 25,977.42 EUR on six 400 EUR bets of 15.12.2019 less 2,400 EUR refunded stakes); dismissed; earlier winnings repayable.
What happens next
No future date is on the record we hold. The case is closed on the record we hold; later appeals or enforcement steps would be added here.
Timeline
2 dated steps on record, oldest first. Future dates come from court notices and can move.
| Date | Event |
|---|---|
| 2021 | Filed |
| 27 Sep 2022 | Dismissed |
Documents and sources
2 primary sources (court file, administrator notice, regulator) and 0 secondary. Press is supporting evidence only.
- Docket: ogh.gv.at
| What it supports | Source | Type | Retrieved |
|---|---|---|---|
| date, case number, facts, holding (OGH website) | ogh.gv.at | primary | 14 Nov 2026 |
| 2 Ob 138/22s, 27.09.2022: LG Linz 38 Cg 60/21t (18.10.2021), OLG Linz 1 R 173/21y (04.05.2022); 23,577.42 EUR claimed (winnings 25,977.42 EUR less 2,400 EUR refunded stakes); § 9 Z 4 Ooe Wettgesetz cap 500 EUR per bet; revision dismissed | ris.bka.gv.at | primary | 14 Nov 2026 |
Related cases
1 case in the record share parties, claims or a settlement with this one.
| Case | Court | Status |
|---|---|---|
| Goldbet must pay EUR 464,806 winnings (OGH 2016) | Oberster Gerichtshof (after LG Innsbruck and OLG Innsbruck) | Judgment entered |
Last checked against the sources on 14 Nov 2026. Found an error? Tell us and we correct the record with a dated note.