Posts tagged #gambling

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Austrian OGH: Are Video Game ‘Loot Boxes’ Considered Gambling?

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined the issue of whether ‘loot boxes’ featured in video games qualify as gambling, and if so, whether operators are obligated to obtain a licence. Loot box contents are rando...

OGH on Official and State Liability for Illegal Online Gambling

Civil Law 

An unlawful and culpable act of an official body in the execution of the law, which obliges the legal entity to pay compensation pursuant to Section 1 of the Official Liability Act (Amtshaftungsgesetz, hereinafter AHG), can also be an omission if the...

OGH: Multistage Action Permissible in Void Gaming Contracts

Procedural Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that providers of illegal online gaming services can be obliged to provide certain information. Whether or not the request for information is justified depends, amon...

OGH: International Jurisdiction for Gambling Claims

Procedural Law 

Austrian courts may have jurisdiction to hear claims against Maltese gambling companies, even if consumers have assigned their claims for enforcement. In the original case, a Maltese company (the defendant) had offered online gambling in Austria with...

GER: Illegal gambling: No Claim against Bank

Civil Law 

Anyone who authorises credit card payments to foreign providers when gambling illegally does not have a claim for reimbursement against their bank. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), the legal question...

BFG: Crypto mining as a VAT-exempt service

The Federal Fiscal Court (Bundesfinanzgericht, BFG) determined whether mining and exchange of cryptocurrencies are to be interpreted as sales tax-exempt services. The complainant was a company in the field of blockchain and cryptocurrency technology,...

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