WILLEMSTAD - In a landmark decision, the Dutch Supreme Court has ruled that master license holders in Curaçao's gambling industry are responsible for ensuring their sub-licensees adhere to licensing rules, including paying out player winnings. The case highlights the Caribbean island's ongoing efforts to reform its gambling sector.
Player’s Victory Over Bahsine Casino
The ruling stems from a lawsuit involving a Turkish gambler who won 620,000 Turkish lira (approximately $17,574) at Bahsine, an online casino operated by Trigonon Group NV under a sublicense from Cyberluck Curaçao NV. When the player attempted to withdraw his winnings, his account was abruptly closed.
The Foundation for the Advocation of Victims of Online Gambling (SBGOK), led by Dutch journalist Nardy Cramm, took over the case to recover the unpaid winnings. The court held both Trigonon and Cyberluck responsible, emphasizing that Cyberluck, as the master license holder, failed to ensure its sublicensee complied with licensing obligations.
Upholding Accountability
Cyberluck argued that the penalties imposed were excessive and unjust, but the court rejected their appeal. The ruling reaffirmed that master license holders bear ultimate responsibility for overseeing their sublicensees’ actions.
The court also noted that Curaçao's decentralized licensing system has allowed widespread misuse, exacerbated by insufficient oversight. This case is seen as a pivotal step in holding gambling operators accountable.
Gambling Reforms Underway
The decision aligns with Curaçao’s recent enactment of the National Ordinance for Games of Chance (LOK), which replaces the outdated two-license system. Under the previous model, companies like Cyberluck granted sublicenses to other operators, a practice criticized for its lack of regulation.
The new legislation aims to centralize oversight and requires former sublicense holders to transition into a more robust and accountable licensing framework.
Broader Implications
While this ruling does not compel Cyberluck to immediately pay the gambler, it underscores the increasing focus on accountability within Curaçao’s gambling sector. The reforms and court decisions are expected to protect players and restore the island’s reputation in the global gambling industry.
SBGOK, which has successfully reclaimed funds for players defrauded by offshore casinos, continues to play a crucial role in advocating for victims of unscrupulous operators.
A Changing Landscape
Cyberluck’s financial and legal troubles, including a failed defamation lawsuit against SBGOK’s Nardy Cramm, illustrate the challenges faced by companies that fail to comply with evolving regulations.
As Curaçao advances its gambling reforms, the Dutch Supreme Court’s decision serves as a warning to other operators and a beacon of hope for affected players worldwide.