Zurich Commercial Court: Contracts with illegal online casinos are void.
In a recently published ruling, the Commercial Court of the Canton of Zurich found that contracts concluded with unlicensed foreign online casinos are void. In this specific case, an operator based in Curaçao must reimburse a player approximately €145,000 in lost bets. The Swiss Casino Federation welcomes the ruling as an important step in the fight against illegal online gambling.
A clear signal, but no simple solution
The Court states unambiguously: anyone offering online gambling without a Swiss license is acting illegally. Such contracts are void: players can claim reimbursement for their losses. It matters little whether they knew the offer was illegal or not. The ruling clarifies the concrete consequences for illegal operators: they cannot rely on valid contracts and must expect reimbursement requests.
The Court also notes a noteworthy aspect: the current practice of combating illegal operators by blocking their domain names is insufficient. Operators circumvent these measures by resorting to new domains and thus remain accessible. Civil remedies therefore represent an important complement to existing measures.
However, it's clear that enforcement remains challenging. Offshore operators often have no assets that can be seized in Switzerland. A favorable judgment is an important step, but it doesn't mean the money will automatically be returned to the account. Perseverance is required: assets abroad must be located and secured quickly, otherwise they will disappear before the judgment can be enforced.
Legal gambling is in everyone's interest
Essentially, it boils down to this: legal Swiss casinos offer effective player protection, thanks to social concepts that identify and curb excessive or risky gambling behavior. This is complemented by effective measures against crime and money laundering, as well as revenues that benefit the AHV (Social Security Insurance) and charitable purposes. Only licensed operators meet these requirements; illegal offshore platforms do not offer comparable protection.
This ruling demonstrates that the judicial route works, even when blacklists reach their limits. It's not the easiest path, but it's the right one. We will continue to pursue it consistently, in the interests of players and a safe Swiss gambling market.
— Gerhard Pfister, President of the Swiss Casino Federation
