The Court of First Instance of Curaçao has ruled in favour of a Curaçao-licensed operator following a claim by a player based in Saudi Arabia seeking to recover $7.8 million in gambling losses.
Though the court acknowledged that each claim should be considered on a case-by-case basis, the decision is significant for operators carrying a Curaçao licence, as a decision in the opposite direction would have opened the door to an increasing number of similar cases.
Furthermore, the court ruling also ruled that the illegality of online casino in the player’s home country of Saudi Arabia is not solely enough to reclaim the player losses.
The claimant had accused the operator of failing to do the required financial background checks. However, the court dismissed this claim as it noted that a safe gambling toolbox was offered to the player.
Interestingly, the court also placed an emphasis on the player to take responsibility for their gambling habits, including whether to continue playing and their spend limit.
It comes just months after a Supreme Court ruling saw online gambling firms in the Netherlands being handed the ruling that “contracts” between online gambling operators and their customers under the previous Games of Chance (WOK) Act 1964 cannot be declared void. However, the Curaçao case itself turned on different facts, including the player’s Saudi base and the evidence presented.
Many operators in the Dutch market prior to the new regulatory framework in 2021 were considered grey market operators, and there had been longstanding disputes over the reclaiming of funds. However, this ruling will be seen as a key victory for the operators.
A duo of cases brought the claims to light, eventually being referred to the Supreme Court by the District Court of Amsterdam and the District Court of North Holland.
In both cases, the claimants stated they felt the contracts should be voided and their losses should be returned, however, this was dismissed by the judge.
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