Online casino? Money back.
Gambling losses at operators without an Austrian licence are legally recoverable. Attorney Dr. Oliver Peschel recovers your loss, with no cost risk if you wish.
No obligation. You find out first whether your case has merit.
- 30 years
- Limitation period for recovery claims
- Deposits minus withdrawals
- How your loss is calculated
- Since 2019
- Dr. Oliver Peschel has been recovering casino losses
- Your case
- Your numbers
- Legal insurance
- Documents
- Your details
Step 1 of 2
Why online casinos are illegal in Austria
The law is on your side.
OGH 6 Ob 31/24p
The Austrian Gambling Act makes online casino games a state monopoly: exactly one operator holds the Austrian licence, all others play without permission. Licences from Malta, Gibraltar or Curaçao do not change that.
The Austrian Supreme Court has repeatedly confirmed that this monopoly stands up to EU law. The consequence: your contract with the online casino is void. The casino should never have accepted your stakes and must pay them back.
Your recoverable loss is the sum of your deposits minus your withdrawals. That is exactly the amount the law firm claims for you.
Your attorney
Attorney Dr. Oliver Peschel
Since 2019 he has represented players against online casinos without an Austrian licence; many know him from ZIB 2. Your enquiry lands directly on his desk.
The topic in the news
ZIB 2 investigates the illegal casino market; on OE24.TV attorney Dr. Oliver Peschel explains what rights players have.
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ORF ZIB 2
Casino Papers: how illegal online casinos operate in Austria
ZIB 2 report of 7 January 2025, with analysis by attorney Dr. Oliver Peschel.
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OE24.TV
Gambling law in focus: rights, risks and reality
Attorney Dr. Oliver Peschel in a studio interview on reclaiming gambling losses.
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How you recover your loss
- Step 1
Free initial assessment
You name the operator and your approximate loss. The firm's team checks whether legal action is worthwhile for you before any costs arise.
- Step 2
Data preparation
The law firm requests your transaction lists directly from the operator under the GDPR. Do not request anything yourself, as this could weaken the evidence.
- Step 3
Lawsuit or settlement
The team at Peschel & Partner Rechtsanwälte files the lawsuit or negotiates a settlement and handles all correspondence along the way.
No cost risk, if you choose
On request, a litigation funder covers all lawyer and court fees. The funder receives a share if you win. If you lose, you pay nothing. If you want to fund the proceedings yourself, you keep the full amount if you win, but you then bear the cost risk. Which route suits your case is clarified in the initial assessment.
What the firm’s clients say
Frequently asked questions about recovery
Which online casinos are illegal in Austria?
In Austria, online gambling may only be offered legally by operators holding a licence under the Gambling Act (GSpG). This nationwide licence is currently held exclusively by Casinos Austria AG (win2day). All other online casinos, often licensed in Malta, Gibraltar or Curacao, offer online gambling without an Austrian licence. Sports betting is treated separately: it is legally classified as a game of skill in Austria, does not fall under the nationwide gambling monopoly and is regulated at the level of the federal provinces. Operators such as Tipico or Interwetten hold betting licences of individual provinces and operate legally there in the sports betting segment. The casino section on the same platforms, however, is subject to the GSpG and may not be offered legally in Austria without a nationwide licence.
Can I get my money back from an online casino without a lawyer?
In principle you can reclaim your losses yourself. In practice, however, the operators are based abroad and rarely respond to private letters; without the threat of a lawsuit, hardly any casino pays. Via DeineRechte.at attorney Dr. Oliver Peschel reviews your case free of charge, so you know in advance whether legal action is worthwhile. In any case, we recommend pursuing proceedings against an online casino only with a lawyer involved.
Can I also sue for sports betting losses?
The legal situation for sports betting differs from casino games (slots, roulette, poker). While casino games fall under the federal monopoly, online sports betting is generally legal in Austria. Recovery is considerably more complex here, but can be examined case by case in the event of serious breaches of player protection or a severe case of gambling addiction (partial legal incapacity). Losses from casino games (slots, roulette, poker) are generally recoverable. The precise assessment is made case by case on the basis of current Supreme Court case law.
How far back can I reclaim losses?
In Austria, claims based on the nullity of contracts are subject to a limitation period of 30 years.
How long do proceedings take?
Proceedings can take between a few months and 1-2 years. This depends heavily on how long the casino tries to delay the proceedings.
What if I have already reclaimed the money through my bank (chargeback)?
We advise against chargebacks on your own without legal support, as they often lead to debt collection claims from payment providers. A professional lawsuit is the legally sound way to enforce your claims.
Will I get into trouble for having played on an illegal site?
No. Austrian case law regards the player as the party to be protected. There are no criminal consequences for you as a private individual for having played on these sites.
How does working with a litigation funder work?
If you do not want to bear the litigation cost risk yourself, we arrange a reputable litigation funder for you. The funder covers all lawyer and court fees. If the case is won, the funder receives a percentage share (success fee). If the case is lost, you incur no costs whatsoever.
Can a favourable judgment be enforced?
Yes. Judgments of Austrian courts can be enforced within the European Union and in third countries. Many of the large operators have sufficient liquidity and pay reliably after final judgments or settlements. Due to Bill 55 there are currently enforcement difficulties only in Malta, but we expect these legal issues to be resolved.
What about offers that pay out gambling losses immediately?
Such providers buy your claim from you and pay immediately, but usually only a fraction of your loss. So you trade part of your money for speed. Those who instead have the recovery pursued by a lawyer wait longer, but aim for the full amount. The cost risk can be covered through legal expenses insurance or a litigation funder.
What if I played at several online casinos?
That is the normal case and not a problem. Each operator is reviewed as its own case, because each is a separate opposing party. Simply name all the operators you played with in the initial assessment; the firm will then tell you which cases are worthwhile and how they will be bundled.
Check what you are owed
Two details are enough to start: which operator you played with and roughly how high your loss is.
Start your free initial assessment