Unibet named as operator in Dutch court battle victory

Unibet has been revealed as the successful defendant in an Amsterdam District Court case in which a Dutch citizen argued the firm should repay €170,000 in gambling losses as it was taking bets on an unlicensed basis.

The claimant incurred the losses on the Malta-licensed operator’s dot.com website between June 2010 and January 2012 but despite the judge ruling the operator had violated the Dutch Betting and Gaming Act, it said it had no legally binding effect on its agreement with the player.

Unibet’s general counsel Ewout Keuleers told eGaming Review the operator welcomed the decision but had “mixed feelings” with regards to the current regulatory situation.

“On the one hand, we are pleased to see that the judge recognised that we are a trustworthy professional operator that did what it had to do in terms of responsible gaming and consumer protection,” Keuleers said.

“On the other hand and as the judge underlined, there is also the current market reality and the need to have an appropriate legal frame that is aligned to customer needs,” Keuleers added. “As long as the law is not updated there is no real structural solution, which is in the end best for society, for both the consumer and operator.”

The court also concluded that Dutch society no longer viewed remote gambling as “socially irresponsible”, “illegal” or “culpable”, and ruled that, in this particular instance, it was not necessary for Unibet to intervene in the player’s gambling behaviour, although operators do have a duty of care.

The Dutch government is yet to approve the Gambling Act which will include a series of new responsible gambling measures for all licensed operators.