A person in Sweden gambled online, mainly on a digital version of so-called one-armed bandits, during the years 2009–2014. The game was offered from Malta. The gambler played for almost 15 million euros and his total loss corresponded to almost 8 million SEK (Swedish kronor). He was diagnosed with gambling addiction.
According to a provision of the Contracts Act, a contract may not be invoked if the circumstances when the contract was entered into were such that it would be contrary to good faith to invoke the contract with knowledge of them and the other party to the contract was aware of these circumstances.
The Supreme Court has concluded that the gambling company had access to and used detailed data about the gambler’s behavior, and that this data showed serious gambling problems. The gaming company was therefore considered to have knowledge of this. The Supreme Court further found that the gaming company had directed intrusive marketing towards the gambler, including offering bonuses to a large extent, and that the form of gambling offered by the company was one of the riskiest forms of gambling in terms of addiction.
The Court concluded that it would be contrary to good faith to refer to the agreements on gambling that had been made during the time in question. The gaming company must therefore pay the player just over 500,000 euros, which corresponds to the net loss.
Case no. T 607-24
Case name
"The online casino"
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