Dutch Supreme Court backs formerly unlicensed betting firms

Online gambling firms active in the Dutch market prior to a landmark 2021 legislative change have been taken off the hook by the Supreme Court of the Netherlands.

The Supreme Court ruled today that ‘contracts’ between online gambling operators and their customers under the previous Games of Chance (WOK) Act 1964 cannot be declared void.

The ‘contracts’ the Supreme Court has decided on refers to the transactions between customer and online operator prior to the 2021 re-regulation, i.e. bets placed or online casinos gamed at during this period.

Supreme Court sides with pre-market Dutch operators

For online operators active in the Dutch market prior to the KOA Act regime, this settles some long-running disputes with customers attempting to recover losses made during this period of regulatory grey activity.

Various companies were active during the market at this time, such as Entain’s Bwin, PartyCasino and PartyPoker, the 888 group of brands (prior to the creation of evoke), and Unibet (then owned by Kindred Group, now by FDJ United).

Some of these companies are now active in the market, with Unibet still a key sportsbook player under the ownership of France’s FDJ while all three of the Entain brands are still active there, while the FTSE100 group also purchased local firm BetCity in 2022.

“Bwin, PartyCasino and PartyPoker welcome the Supreme Court’s ruling,” an Entain spokesperson told SBC News.

“It confirms the position they have consistently maintained, which is that gambling agreements entered into before 1 October 2021 are valid, and that any historic gambling losses incurred cannot be recovered on the basis that those agreements were void. 

In light of the Court’s decision, any attempt to pursue such claims, whether individually or collectively, is no longer tenable.”

This came about due to two cases referred to the Supreme Court by the District Court of Amsterdam and the District Court of North Holland. 

In both cases, former customers of online gambling firms active in the Dutch market prior to 2021 argued that the ‘contracts’ they entered into with said operators should be voided, and their losses returned to them, due to the operators being unlicensed under the WOK Act.

WOK formed the basis of the Dutch regulatory framework for gambling prior to the passage of the KOA Act, which fully regulated the online betting and gaming space from 1 October 2021.

However, the Supreme Court determined that it cannot be inferred from the wording or structure of the WOK Act that customer transactions with operators unlicensed at that time are void.

KOA’s litigious history  

The decision carries further significance for FDJ United and Unibet, which faces a €75m consumer claim of market abuses brought by the public claims organisation of Dynamiet.

The consumer claim was brought to Dutch courts in October 2025, by Dynamiet citing that it was representing the interests and lost income of 2,500 former Unibet customers. 

Unibet countered the claim citing that it had observed the rules Dutch gambling laws and maintained communications with the Dutch government that it would pursue licensing once the KOA rules were settled. 

The pan-European sportsbook further noted that it had been given a reprimand as its entry to the KOA was delayed by Kansspelautoriteit (KSA) who placed the Unibet brand under an eight-month cooling-off period in 2021. 

In 2019, during the final stages of the KOA Act, the Dutch House of Representatives (Kamer) decided against imposing retrospective tax liabilities – a decision that divided ministers and political blocs. 

Relief for Dutch betting may be short lived…

While this may be a legal victory for operators, the pressure is still on in the Netherlands.

The re-regulation of 2021 allowed online operators to begin advertising and marketing activities, which led to what some politicians called a ‘bombardment’ of advertising.

This led to a series of advertising restrictions with a ban on ‘role models’ in gambling ads in 2022, a ban on TV, radio, social meda, print and public advertising on 1 JUly 2023, and a ban on sports sponsorship from 1 July 2025.

The Dutch government now intends to ban what little advertising space remains to operators via a new package of legislative reforms announced last month.

Also, the Supreme Court’s determination that customers entering into agreements with unlicensed gaming firms are not contrary to public order or public morality could prove tricky for a government, regulator, and regulated industry which is desperately fighting against an extensive offshore black market targeting the Netherlands.

According to estimates from the likes of the VNLOK trade body, the KSA and the Dutch lottery, the black market could account for over 25% of gambling activity in the Netherlands.