ZfWG: Zahlungsabwicklung für Online-Glücksspiele – „Sehenden Auges“ ins Unrecht?
By Claus Hambach, Dr. Stefanie Fuchs und Dr. Bernd Berberich, published in ZfWG 6/2018 p. 532 ff.
The decision of the AG München that credit card issuers would be liable under civil law in the case of payment execution
to online gaming companies proves to be untenable, in particular the statement that the credit card issuer „with open eyes“ allegedly violated legal prohibitions. It was indeed impossible for the latter to assess the legality of the gaming processes downstream of the payment process. In addition to this erroneous assumption, the court also erred in substantive law by assuming that a credit card issuer was enriched in the case of a – presumably void – gaming contract within the meaning of sec. 812 BGB if the payments were collected by the credit card owner’s bank.