DR. SARAFI Argument against the teleological reduction of Section 817 p. 2 BGB in recoveries by players against online casinos makes it to the Federal Court of Justice
From our press archive. This communication gives the status of the original publication of 17 January 2024 again. Subsequent developments in the process are not automatically taken into account.
We reported that, in a judgment of March 21, 2023, I-21 U 116/21, the Higher Regional Court of Hamm followed Dr. SARAFI's argument on the teleological reduction of Section 817 p. 2 BGB (“Higher Regional Court of Hamm agrees with Dr. SARAFI's argument.”)
This procedure is now before the Federal Court of Justice, which will also decide on this legal issue.
By order of January 10, 2024, file number I ZR 53/23, the Federal Court of Justice temporarily suspended the appeal proceedings pending a decision from the Court of Justice of the European Union (ECJ). This step was taken on the basis of a reference for a preliminary ruling from the Malta Civil Court dated 11 July 2023 in proceedings C-440/23. At the heart of this preliminary ruling is the question of the extent to which Section 4 (4) of the State Treaty on Gaming 2012 (GlüStV 2012) is compatible with EU law.