CJEU Confirms Player’s National Law Governs Illegal Online Gambling Claims

Brussels, 21 January 2026 – The Court of Justice of the European Union (CJEU) has delivered a landmark judgment in Case C-77/24, Wunner, clarifying that claims for losses resulting from illegal online gambling are governed by the law of the player’s Member State of residence.

The Court ruled that claims for restitution against unlicensed online gambling operators fall under non-contractual liability governed by the Rome II Regulation, including actions directed at company directors. Crucially, the damage is deemed to occur where the player is habitually resident, meaning the player’s Member State law governs the claim. The Court emphasized that the location of the gambling operator, servers or licensing authority is irrelevant for determining where the loss occurs.

The Wunner case arose from an action brought by an Austrian-resident player seeking restitution of gambling losses from a Maltese online operator which offered games without the license required under Austrian law. While the operator and its directors argued that the event and resulting damage occurred in Malta, the Court rejected this, confirming that online gambling “takes place where the player is habitually resident” (paragraph 44 of the judgment).

The Court further clarified that directors may incur personal liability if their conduct directly causes damage, ensuring that company officers cannot escape responsibility for illegal gambling operations.