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Online Casinos in general: Energycasino license and legality

Topic created on 10th Jan. 2022 | Page: 1 of 11 | Answers: 103 | Views: 17,608
P****7
Hello all,

I have a question about the energycasino.com
In short, I unfortunately for a long time at Gambling addiction and am just on the way to complete gambling freedom.

Unfortunately after a period of abstinence I have relapsed and have been banned from all casinos I have ever played at.
I remember signing up for EnergyCasino in 2019 and logged into my old account.
That's when I saw I had no limits or any other restrictions on my account and the addiction led me to Deposit a total of €1600 and of course gamble it away.

I did some research and realized that the casino was in violation of the new gambling treaty in Germany.
So I have written that demanded a refund of my deposit amount.
By the way, I could play there without any restrictions, no tax, no maximum bet and 5 seconds rule.

The casino told me that they operate with a valid MGA license and therefore meet all requirements.
I also found in my emails an email I sent to the casino on 1/14/2020 requesting account closure due to gambling addiction.
Allegedly, this email never arrived.

My question would be if how does this relate to the MGA license and the new gambling state contract.
I have already read through the contract and found many paragraphs that the casino is in violation of. However, these say with the MGA these do not have to fulfill.
Another question would be, to what extent you can prosecute the casino, since I have already asked for account blocking due to gambling addiction, but this was probably ignored by the casino.

I will probably call in a lawyer in this matter, but I am still curious about your comments that can possibly enlighten me a little.

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Anonym
Pascal107 wrote on 10/01/2022 at 17:22: Hello everyone,


My question would be if how does this relate to the MGA license and the new gambling state treaty.
I have already read through the contract and found many paragraphs that the casino is in violation of. However, these say with the MGA these do not have to fulfill.

Germany belongs to the European un ion, so it is not forbidden to play in a casino that has a MGA license. Even in Curacao licensed casinos it is allowed to play, because Curacao is a so-called contracting state of the European un ion. EU law before German law, but not over German law. Recently, there were heated debates with the national law in Poland and Hungary, etc..

Another question would be to what extent the casino can be prosecuted, since I have already asked for account blocking due to Gambling addiction, but this was probably ignored by the casino.

If you can prove your request for the block, then it is probably possible to get his deposits back. The official dispute resolution body is The POGG.
https://thepogg.com/all-complaints/

More information about Energy's license can be found here:
https://www.authorisation.mga.org.mt/verification.aspx?lang=EN&company=c1c9b941-f849-4c04-999e-8d76a67feef1&details=1

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P****7
Thanks for the link with the arbitration board. I will give it a try there.

I have understood that with the licenses so far. Since the MGA license is then legally usable, but the casinos would have to follow the regulations of the State Treaty on Gaming, or not? I.e. the casinos would have to adhere to a monthly Deposit limit of € 1000, the maximum bet may only be one euro, taxes would have to be deducted, etc.?

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Anonym
Pascal107 wrote on 10.01.2022 at 19:09:Since the MGA license is then legally usable, but the casinos would have to follow the regulations of the gambling treaty, or not? I.e. the casinos would have to adhere to a monthly Deposit limit of € 1000, the maximum bet may only be one euro, taxes would have to be deducted, etc.?

No, the casinos must only adhere to the EU rights. All guidelines from this treaty only have to be followed if the casino wants to acquire a German license for virtual slot gaming. According to the old government, the corresponding German license comes in the summer 2023. The current government has not even commented on this yet.

Germany is one of the most important markets worldwide, which is why some casinos already adhere to the guidelines.

In my opinion, there will never be a German license for virtual slot play in online casinos

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Falke
Expert
Royal777 wrote on 10/01/2022 at 18:54
If you can prove your request of the ban, then it is probably possible to get his deposits back. The Official Arbitration Board is The POGG.
https://thepogg.com/all-complaints/

More information about Energy's license can be found here:
https://www.authorisation.mga.org.mt/verification.aspx?lang=EN&company=c1c9b941-f849-4c04-999e-8d76a67feef1&details=1


Why do you spread such information with so much self-confidence as if it were given facts?

Both the European Court of Justice and the Austrian Constitutional Court have clearly decided that in matters of gambling, national law takes precedence over EU law and has long been applied, at least in Austria.

In Germany, this may still be somewhat different, as it is mainly a matter of political decisions. Nevertheless, the European Court of Justice has long since ruled on this matter, which naturally also applies to Germany. Or why do you think Germany passed the new gambling law in the first place, and the casinos are going along with it even though it only has disadvantages?
If the EU law would stand here before national law then such a German legislation would have zero sense, because it would be repealed by the ECJ again. But it won't be because there have long been landmark decisions in the matter.

I know that on many Affiliate sites exactly what you have written here, but that is clearly as advertising to book and not as fact. They are exactly the other way around

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P****7
That would have been my question now. Of course, I have already dealt a lot with the issue of repayment, lawyer, etc.. There it is always touted that gambling is generally illegal.

As you present it here Royal777, a lawsuit, a lawyer or a repayment request would also make no sense.

I also think I have read that German law applies here and therefore also the German requirements. But I must honestly admit that after hours of research I have never found clear information.

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Anonym
Falcon wrote on 10.01.2022 at 19:28

Both the European Court of Justice and the Austrian Constitutional Court have clearly decided that in matters of gambling national law takes precedence over EU law and has long been applied at least in Austria.

I have no idea how it looks in Austria, so I will not comment on it.

There is no ECJ ruling regarding the new State Treaty on Gambling in Germany. Instead, the rulings from 2010, 2014 and 2016 continue to apply. So far, Germany has always failed at the ECJ


Nevertheless, the European Court of Justice has long since ruled that and thus naturally also applies to Germany.

No
As I said, then show us the ruling related to Germany. It is a significant difference whether one plays in or from Germany.

Or what do you think why Germany passed the new gambling law in the first place and why the casinos partially participate although it has only disadvantages?


The state wants coal and to lure the players into the casinos. There you can continue to spend your millions in a drunken stupor, of course without limits and with free food and drinks.

As already mentioned several times, the German market is considered one of the most important worldwide. If there should ever be a German license for virtual Slot machines, then those casinos that already adhere to the guidelines will probably be preferred.



I know that on many Affiliate sites exactly what you have written here, but this is clearly to book as advertising and not as fact.

I don't know anything about that and I certainly don't inquire on any affiliate sites.

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Anonym
Pascal107 wrote on 10.01.2022 at 19:59: That would have been my question now. I have of course already dealt a lot with the issue of repayment, lawyer, etc.. There it is always touted that gambling is generally illegal.

So as you present it here Royal777, would make yes also a lawsuit, a lawyer or a repayment request no sense.

I also think I have read that German law applies here and therefore also the German requirements. But I must honestly admit that after hours of research I have never found clear information.

If a court in Germany would give you justice in your case, then you still won't get your money, especially from whom would you get the money then? The casino is not based in Germany, nor do our court decisions apply in Malta.

The only option you have is ThePOGG.

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Falke
Expert
Royal777 wrote on 10.01.2022 at 20:39
If a court in Germany would give you justice in your case, you still won't get your money, especially from whom would you get the money then? Neither the casino is based in Germany nor do our court decisions apply in Malta.

The only option you have is ThePOGG.


An enforcement order is valid throughout the EU. If a German court accepts the claim, then you can of course seize the money. And also the Maltese authorities have to accept the German court order and if commissioned a Maltese bailiff to collect the money.

If you would at least write that you do not know exactly. But the way you write it sounds like you know what you're talking about, but you write such wrong things that it hurts.

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BinGOLDiG
Expert
Well thanks also!
Energy casino is my stammcasino and I am / was glad that I still a casino without restrictions has remained!

Because of so ner shit the casino will probably also withdraw in the near future from the German market 😒

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