Dutch Supreme Court Stands Firm on Liability for Curaçao Gambling Licenses

The Dutch Supreme Court has backed a key decision that holds Curaçao’s master license holders responsible for their sub-licensees’ actions regarding player winnings that have not been paid. This ruling happens as the Caribbean island pushes for big changes to clean up its gambling industry.

Supreme Court Sides with Player Over Unpaid Winnings at Bahsine Casino

The lawsuit centered on a Turkish gambler who played at Bahsine, an online casino run by Trigonon Group NV with a sublicense from Cyberluck Curaçao NV. The player won 620,000 Turkish lira ($17,574) but claimed the site shut down his account when he tried to cash out his winnings. The Foundation for the Advocation of Victims of Online Gambling (SBGOK), which helps players in similar disputes later took over the rights to this claim.

The Supreme Court’s ruling backs up an earlier decision by Curaçao’s Common Court of Justice, reported Antilliaans Dagblad. This court found that Trigonon and Cyberluck shared responsibility for the unpaid winnings. Trigonon ran the operations. However, the court decided that Cyberluck, as the master license holder had to make sure its sublicensees followed licensing rules. This included paying out winnings to players.

Cyberluck claimed its penalty was too high and went against common sense and fairness. However, the court disagreed. They stressed that the main license holder has to make sure all its sub-licensees abide by the rules. The court pointed out that people were misusing the island’s sub-licensing system more and more because of poor monitoring. This issue got worse due to the decentralized nature of how licenses were given out.

Curaçao Gambling Reforms Advance as Court Ruling Highlights Accountability

This ruling happens at the same time as the new National Ordinance for Games of Chance (LOK) comes into effect. The LOK takes the place of the old two-license system that has been around for decades. In the past, companies like Cyberluck that held master licenses would give out licenses to other businesses. People often said this way of doing things did not allow for enough oversight. The new laws are getting rid of this old system. Legislators expect the businesses that used to get sublicenses to move into a new restructured licensing setup.

SBGOK, with Dutch journalist Nardy Cramm at the helm, has made a name for itself by getting money back for players. This money was owed to them by offshore casinos that had shut down or were not following the rules.

Cyberluck, which went bankrupt, has run into a string of legal and financial troubles. One of these was when they tried to sue Cramm for defamation, but it did not work out for them.

Although this ruling does not force Cyberluck to pay out right away, it highlights how gambling operators and license holders are becoming more accountable as rules change.