Dutch Supreme Court Hands Gambling Operators Key Legal Victory Over Historic Loss Claims

A ruling from the Supreme Court of the Netherlands has reshaped one of the country’s longest-running legal disputes over online gambling, closing the door on a wave of compensation claims tied to bets placed before the market officially opened to licensed operators.

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In its 3 July decision, the court concluded that gambling agreements made before the Remote Gambling Act (KOA) took effect on 1 October 2021 cannot be invalidated using provisions from the earlier Betting and Gaming Act of 1964. That interpretation removes the legal foundation relied upon by players seeking to recover losses from operators that served Dutch customers before the regulated market launched.

The judgment settles years of uncertainty surrounding historic claims involving several well-known gambling brands, including 888, PartyGaming and Betsson. Among the companies facing the largest potential exposure had been Unibet, whose historic Dutch operations became a focal point of consumer litigation.

One of the most significant cases involved Dutch consumer advocacy organisation Dynamiet, which pursued claims on behalf of roughly 2,500 former Unibet customers. The case had placed an estimated €75 million liability over the operator’s historic activities before regulation.

FDJ Says Ruling Brings Long-Awaited Certainty

Responding to the ruling, FDJ United said the decision provides long-awaited certainty for both operators and claimants. The company maintained that the legal argument underpinning attempts to challenge gambling contracts from the pre-regulation period has now been rejected by the country’s highest court.

The outcome is particularly relevant for FDJ United because of its acquisition of Kindred Group. While the French gambling group secured control of Kindred in October 2024, it stressed that businesses operating in markets without local regulation—including Kindred’s historic Dutch activities before 2021—had already been divested along with any associated liabilities.

FDJ also reiterated that its broader strategy has been to operate only in jurisdictions that are either fully regulated or clearly moving toward regulation. The company argued that Unibet had engaged with Dutch authorities throughout the regulatory transition and complied with the mandatory cooling-off period imposed by the Kansspelautoriteit before entering the licensed market.

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Focus Turns to the Next Phase of Dutch Gambling Reform

Although the historic litigation appears largely resolved, attention has already shifted toward another significant chapter for the Dutch gambling industry. The government is preparing a substantial overhaul of the KOA framework, with policymakers seeking tougher consumer protection measures.

Claudia van Bruggen, Secretary of Legal Rights, is leading work on a broader reform package aimed at reducing gambling-related harm, particularly among young adults and financially vulnerable consumers. Proposals supported within the governing Liberal coalition include eliminating gambling bonuses, introducing centralised deposit limits across licensed operators and imposing a complete ban on gambling advertising. Lawmakers have also pushed for existing licences to face stricter regulatory review.

FDJ said it is still evaluating the government’s proposals and expects greater detail to emerge over the coming months. The company nevertheless reaffirmed its commitment to the Dutch market, describing its relationship with the Kansspelautoriteit as an ongoing effort to maintain high compliance standards and promote safer gambling.

Advertising Ban Debate Moves Centre Stage

Where FDJ diverges from policymakers is on advertising. The operator warned that a blanket ban could unintentionally strengthen the position of unlicensed gambling websites rather than protect consumers. It pointed to industry research suggesting that most gambling advertising appearing on Meta platforms originates from operators without Dutch licences, arguing that removing legal operators from advertising channels could weaken efforts to steer players toward regulated services.

Instead, the company expressed support for expanding the regulator’s enforcement powers, particularly in tackling illegal gambling providers. FDJ argued that the unlicensed sector now represents roughly half of the Dutch online gambling market and said stronger enforcement, rather than broader advertising restrictions, would better support the objectives of the country’s regulated gambling framework.

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Source: sbcnews.co.uk