German Court Orders PokerStars to Refund €39,500 in Poker Losses

A German court has ordered PokerStars to refund approximately €39,500 to a player who lost the money through online poker while the operator did not hold the required German licence.

The Regional Court of Mönchengladbach issued its decision on September 17, 2026. The player had used PokerStars from 2015 until 2023 and sought reimbursement of his net losses on the basis that the online poker offering was not licensed in Germany during the period covered by the claim.

The court found the underlying gambling contracts invalid and ordered the operator to repay the losses.

PokerStars Argued It Only Collected Rake

One of the central issues in the case was the player-versus-player structure of online poker.

PokerStars argued that it should not be responsible for the entire €39,500 because most of the money lost by the claimant ultimately went to other players rather than to the operator.

Unlike a conventional online casino game where the customer plays against the house, a poker platform typically earns revenue by taking a fee, known as rake, from games between players.

The court rejected that distinction as a reason to limit the repayment.

It found that PokerStars organised the poker games and managed player accounts, meaning its role extended beyond simply receiving the rake. On that basis, the fact that other players ultimately received much of the money did not prevent the claimant from recovering his full net loss from the operator.

The decision makes the platform's role as organiser more important than the question of who ultimately received the losing player's individual stakes.

Court Rejects Limitation Period Argument

PokerStars also argued that the player's claim was time-barred.

The player told the court that he only became aware in 2023 that offering online poker without the required German licence had been unlawful.

The court accepted that argument and rejected the limitation defence.

The dispute therefore covered gambling activity stretching back to 2015, substantially longer than the standard three-year limitation period PokerStars relied on.

Ruling Concerns Gambling Before German Authorisation

The case relates to the period before PokerStars operated online poker under a German authorisation.

Germany's current regulated online gambling framework allows licensed companies to offer products including online poker, subject to national requirements and supervision.

The Mönchengladbach decision concerns earlier activity conducted without the licence required for the German market.

For the wider industry, the notable element is the court's treatment of poker. The player-versus-player model did not shield the operator from liability for the full net loss, despite PokerStars retaining only a portion of stakes as rake.

The ruling applies to this individual dispute and does not automatically determine the outcome of other player-loss claims, which can depend on the operator, period, licence status and circumstances of each case.