Dutch Supreme Court Rules Pre-2021 Online Gambling Contracts Remain Valid, Ending Main Player Loss Recovery Route

The Supreme Court of the Netherlands has ruled that agreements between online gambling operators and their customers entered into before the country's online gambling market was regulated in 2021 cannot be declared void, effectively closing the primary legal avenue former players had relied upon to recover gambling losses incurred during that period.

In its judgment issued on 3 July, the Hoge Raad concluded that neither the wording nor the structure of the 1964 Betting and Gaming Act (Wet op de Kansspelen, WOK) renders contracts between consumers and operators that lacked a Dutch licence at the time automatically invalid. The decision applies to online bets and casino gaming that took place before the Remote Gambling Act (KOA) came into force and officially opened the regulated online gambling market on 1 October 2021.

The ruling responds to preliminary legal questions referred by both the District Court of Amsterdam and the District Court of North Holland. In the underlying cases, former players argued that gambling agreements entered into with operators that were not licensed under the WOK framework should be annulled, requiring operators to reimburse the losses they had sustained. However, the Supreme Court rejected that legal argument, determining that the absence of a Dutch licence before market regulation did not automatically invalidate those contracts.

Although the court dismissed the central claim that the contracts themselves were void, it left open the possibility that individual cases could still succeed under limited legal grounds. These include situations involving mistake or claims seeking damages based on unlawful conduct.

The judgment affects several major gambling brands that operated in the Netherlands during the so-called grey market period before the KOA legislation came into force.

Among them are Entain-owned brands Bwin, PartyCasino and PartyPoker, as well as Unibet, which was owned by Kindred Group at the time and is now part of FDJ United.

The decision resolves years of legal disputes involving customers who sought to recover gambling losses from operators that accepted Dutch players before the licensing framework was introduced.

The ruling also sits alongside an earlier judgment by the European Court of Justice concerning national gambling legislation and claims for player losses. Together, these cases form part of broader litigation examining whether gambling agreements signed before regulated markets were established can later be unwound.

The decision carries particular significance for FDJ United and its Unibet brand. Unibet currently faces a consumer claim valued at €75 million that was filed in October 2025 by claims organisation Dynamiet. The organisation stated that it represents approximately 2,500 former Unibet customers and seeks reimbursement of their historical gambling losses.

Unibet has consistently challenged the claim, arguing that it had maintained communication with the Dutch government and had made clear its intention to apply for a Dutch licence once the KOA regulatory framework had been finalised. The company also pointed to the eight-month cooling-off period imposed by the Dutch Gambling Authority (Kansspelautoriteit, KSA) in 2021 before it was permitted to launch its licensed Dutch operations.

Commenting on the Supreme Court's decision, an FDJ United spokesperson told SBC News that the judgment provides “important legal clarity for all parties involved,” adding that “the central legal argument relied upon by claimants in relation to gambling contracts entered into between players and operators prior to the regulation of the Dutch online gambling market on 1 October 2021 cannot be upheld.”

FDJ United also linked the ruling to the structure of its acquisition of Kindred Group. The company announced a €2.6 billion all-cash takeover offer for Kindred in January 2024 before completing the acquisition of a controlling stake in October 2024. FDJ United, whose regulatory history has attracted attention, including a Comoros licence held through its Relax Gaming subsidiary, reiterated that its long-term strategy is to operate exclusively in regulated markets or jurisdictions that have a clear path toward regulation.

The company further explained: “Following FDJ United’s acquisition of a controlling stake in the Kindred Group on 11 October 2024, Kindred’s business in markets not regulated at a local level, including in the Netherlands prior to the legal opening of this market in 2021, was divested, together with the associated liabilities.”

Despite the legal certainty provided by the Supreme Court's ruling, FDJ United acknowledged that attention has already shifted toward the next phase of gambling reform in the Netherlands.

State Secretary for Justice and Security Claudia van Bruggen is advancing a package of measures designed to strengthen consumer protection, particularly for young adults and financially vulnerable players. Announced in June, the proposals include a ban on gambling advertising and promotional bonuses, as well as the introduction of a cross-operator deposit limit. Players wishing to exceed the standard deposit cap would be required to undergo an affordability assessment. Meanwhile, a proposal to increase the legal gambling age from 18 to 21 has been postponed.

FDJ United said it is continuing to analyse the government's proposals and expects greater clarity on the final measures over the coming six months. While the company expressed support for stronger enforcement powers against illegal operators, it warned policymakers against introducing a complete prohibition on gambling advertising.

The company stated: “We would caution the government against moving towards a full advertisement ban. Recent studies have shown that 95% of the advertisements on Meta belong to unlicensed operators. A full advertisement ban risks nullifying the efforts to channelize players to the regulated market.”

The size of the Dutch black market remains the subject of differing estimates. Industry association VNLOK, the Kansspelautoriteit (KSA), and the Dutch Lottery estimate that illegal gambling accounts for more than 25% of the overall market. FDJ United, however, believes the figure is closer to one-half of total gambling activity. Regardless of the exact percentage, all parties agree that channelising players toward licensed operators remains one of the central objectives of ongoing regulatory reform.

At the same time, the Supreme Court's conclusion that pre-2021 gambling agreements with unlicensed operators did not violate public order may complicate government efforts to discourage consumers from using offshore gambling websites.

For operators, the ruling significantly reduces one source of historical legal exposure connected to the pre-regulation era. However, it does not lessen the impact of the stricter regulatory framework now under development. Industry stakeholders expect the Dutch government to publish detailed reforms before the end of the year, bringing a new phase of regulation for the country's licensed online gambling sector.

By fLEXI tEAM