AG Lindenbergh: Pre-2021 Dutch Online Gambling Contracts Should Not Be Deemed Automatically Void

Advocate General Siewert Lindenbergh has issued guidance indicating that gambling agreements entered into before the Netherlands introduced its licensing system in April 2021 should not be regarded as invalid by default. His opinion comes in response to questions raised by the district courts of Amsterdam and Noord-Holland, both of which are handling test cases brought by players who are seeking repayment of losses accumulated before the country formally regulated online gambling.

In his assessment, Lindenbergh stresses that the Dutch Betting and Gaming Act focuses on governing the provision of games of chance without a licence rather than the underlying contracts formed between operators and players. He points out that state enforcement historically relied on administrative and criminal mechanisms instead of treating such agreements as civilly void. At the same time, he notes that individual legal remedies — including the possibility of rescission on grounds such as mistake, or pursuing claims in tort — remain available for addressing specific disputes without necessitating the blanket invalidation of all past contracts.

The Advocate General also observes that online gambling had been accessible in the Netherlands for many years before a formal licensing structure was adopted, and that regulatory guidelines never implied that pre-regulation agreements were inherently null. This stands in contrast to rulings in several other European jurisdictions, such as Germany and Austria, where courts have declared unlicensed gambling contracts void, enabling players to recover funds lost to operators active without authorization.

Although Lindenbergh’s opinion is non-binding, it carries significant weight for the Supreme Court as it considers whether to harmonize the approach across Dutch courts. The eventual decision is anticipated to have sweeping consequences for both operators and consumers, potentially curbing large-scale reimbursement claims while outlining a clearer path for resolving individual cases. As the Dutch online gambling market continues its progression under the licensing framework, the ruling may shape how historical agreements are interpreted and bring civil case law into closer alignment with regulatory objectives.

By fLEXI tEAM