Dutch courts seek clarity from Supreme Court on refunds

Dutch courts seek clarity from Supreme Court on refunds

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Dutch courts seek clarity from Supreme Court on refunds

The Netherlands Supreme Court has been urged by a number of Dutch courts to explain whether or not bettors can receive their money back from pre-regulated websites.

Players are suing gambling companies in around fifty lawsuits that are pending in Dutch courts to get their money back for actions taken during the grey market era. In several occasions, courts made conflicting decisions, supporting operators and choosing to compensate participants. In their legal battles against Kindred’s Unibet brand, Entain’s Bwin, and Flutter-owned PokerStars, players have shown victory. But last month, the court sided with the operator in the Bwin case.

A number of other lawsuits against PokerStars and PartyCasino, both owned by Entain, are pending in the Court of Amsterdam and the North Holland District Court.

The courts are expected to decide that pre-regulation contracts between operators and players are null and void, allowing players to be refunded for all prior losses. However, before rendering a final decision, the courts submitted a list of issues to the Supreme Court to clarify the legal situation.

North Holland District Court said:

“In this way, the courts want to prevent countless cases from being conducted, possibly also on appeal, in which exactly the same legal question must be answered. The judgments delivered today contain the questions that the courts want to ask. Parties may respond to this before the questions are put to the Supreme Court.”

The inquiries pertain to the objectives of the Betting and Gaming Act (KOA), the legitimacy of previous agreements between players and operators, and possible legal recourse.

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