The Court of Justice of the EU held in Case C‑440/23 that member states may prohibit specific online gambling services even if operators hold licences in other EU countries, and that consumers can sue to reclaim stakes lost in breach of those national bans. The court ruled against Malta‑licensed Lottoland for losses between June 2019 and July 2021 (when Germany effectively banned most online gambling), declared such contracts null and void, and rejected the operator’s Article 56 freedom‑to‑provide‑services defence. The judgment is binding across all 27 member states, potentially clearing the way for thousands of pending restitution claims (potentially worth billions in Germany alone) and exposing Malta‑licensed and crypto‑facing casinos to civil liability despite Malta’s Bill 55.

CJEU held member states may prohibit specific online gambling services even when operators hold licences elsewhere; consumers may sue to reclaim stakes and the court ruled against Malta‑licensed Lottoland for losses during Germany’s effective ban, declaring contracts null and void and rejecting Article 56 defence. The decision is binding across all 27 EU states and could clear the way for thousands of restitution claims potentially worth billions, exposing Malta‑licensed and crypto‑facing casinos to civil liability.