Spouse of Self-Excluded Gambler Recovers Gaming Losses in Germany

The German Supreme Court ruled on December 15 that the spouse of a “gambling addicted” man can recover his losses at gaming machines outside the principal gaming area of a North Rhine Westphalia casino, even though the gambler had signed an agreement waiving any such claim.

The gambler’s agreement with the casino called for a voluntary ban on his play in a supervised area where the “big games” are played. The agreement specified that the casino did not supervise an entrance area that contained gaming machines and cash machines, and that he would have no right to recover losses incurred if he gambled in that unsupervised area. The court found that the gambler’s waiver was not effective because a casino employee had to assist him with withdrawals he made from the cash machines at the entrance area. Because of the employee’s involvement, the court concluded, the casino had the opportunity to review whether the gambler was barred from play, and should have done so.

In the case before the court, the gambler had lost 10,000 Deutschmarks withdrawn in 20 separate transactions from the cash machines in the entrance area. The spouse was allowed to recover that amount. Opinion of December 15, 2005,  III ZR 65-05.