Since our last update, significant developments have occurred in the German gambling landscape, further shaping the regulatory environment. While some progress has been made, many legal questions and regulatory challenges remain unresolved.
Key Regulatory Developments in 2025
Activity report of German gambling regulator
The German gambling regulator (“GGL”), published its latest activity report in July 2025, providing detailed insight into its enforcement priorities and regulatory trends. Below are the most relevant updates for the German gambling sector.
- Payment Blocking Enforcement Intensifies
The GGL has significantly expanded its enforcement activities against Payment Service Providers (PSPs) processing payments for unlicensed gambling operators. As highlighted in the GGL's 2025 report, over 30 payment blocking orders were issued. Additionally, the GGL has increased informal engagement with PSPs, warning them of regulatory risks.
- Advertising Sanctions
The GGL has intensified enforcement against illegal gambling advertising, particularly targeting affiliate marketing and media platforms. Cease-and-desist orders were issued against affiliates along with fines ranging up to EUR 50,000.
- Administrative Court decisions
A ruling by the Higher Administrative Court of Saxony-Anhalt upheld the legality of payment blocking orders. Courts have also confirmed the GGL's authority to issue advertising bans against affiliates.
Player refund claims
Civil lawsuits by players seeking reimbursement of gambling losses from unlicensed operators continue to increase. While some German courts have awarded refunds, others have dismissed claims. Currently there is still no uniform case law. In this context, upcoming developments at EU level are of particular importance.
At the Court of Justice of the European Union (ECJ), two key proceedings are expected to bring more clarity:
- C-440/23
In September 2025, the Advocate General delivered his opinion in a case addressing whether German players may reclaim losses from online gambling providers licensed in Malta but not in Germany. Key points of the Opinion:
- No breach of EU law: Claims for reimbursement against operators licensed in other EU Member States are not, in themselves, contrary to EU law.
- Contracts may be void: Agreements with operators lacking a German licence may still be considered void, thereby enabling refund claims.
- National courts remain competent: Domestic courts are entitled to assess whether another Member State’s gambling laws comply with EU law.
- Unresolved fundamental question: The Advocate General did not take a position on whether Germany’s former blanket ban on online gambling was compatible with EU law.
- A judgment is expected in Q1 or Q2 2026.
- C-530/24 (Tipico):
On 24 September 2025, the ECJ held its oral hearing in a case which concerns the compatibility of German licensing and enforcement practices with EU internal market freedoms.
- Representatives from Belgium, Portugal, and Greece emphasized the primacy of consumer and player protection and supported Germany’s ban on online sports betting as compliant with EU law.
- The European Commission likewise argued that the German system is lawful and non-discriminatory.
- The respective operator contended that the authorities’ failure to issue licenses created legal uncertainty and that contracts should not automatically be considered void.
- The Advocate General’s Opinion is scheduled for 11 December 2025. A judgment can be expected in Q1 or Q2 2026.
Outlook
Intensified enforcement and increased regulatory clarity are expected going forward. The GGL is adopting a proactive stance, targeting not only operators but also PSPs, affiliates, and platforms facilitating unlicensed gambling. All market participants should closely monitor both the GGL’s activities and the pending ECJ proceedings. Robust compliance frameworks remain essential to mitigate regulatory risks. Additional regulatory initiatives and potential amendments to the German framework are also anticipated in late 2025.
