Wunner (Judicial cooperation in civil matters - Law applicable to non-contractual obligations - Liability in tort or delict of an officer of a company that organises online games of chance without holding the required licence - Judgment) [2026] EUECJ C-77/24 (15 January 2026)

Wunner (Judicial cooperation in civil matters - Law applicable to non-contractual obligations - Liability in tort or delict of an officer of a company that organises online games of chance without holding the required licence - Judgment) [2026] EUECJ C-77/24 (15 January 2026)

An action seeking to establish tortious liability against company directors for breach of national gambling law is not excluded from the scope of the Rome II Regulation by Article 1(2)(d), as it does not concern internal company law matters. For online gambling losses, the place where the damage occurs under Article 4(1) is the Member State where the player is habitually resident, as that is where the protected interest is harmed and the damage manifests.

Citation
[2026] EUECJ C-77/24
Parties
Applicant: NM; Applicant: OU; Respondent: TE
Jurisdiction
European Union
Judgment Date
15 January 2026
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference to the Court of Justice of the European Union
Outcome
Questions answered; interpretation provided.
Legal Topics
Rome II Regulation, Conflict of Laws, Tortious Liability, Online Gambling, Jurisdiction, Applicable Law
Private International Law European Union Law Tort Law Rome II Regulation Conflict of Laws Tortious Liability Online Gambling Jurisdiction +1 more

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Parties

NM

Applicant

OU

Applicant

TE

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference to the Court of Justice of the European Union

Legal Issues

  1. 1 Whether Article 1(2)(d) of Rome II Regulation excludes tortious liability claims against company directors for breach of national gambling laws from its scope
  2. 2 How to determine the place where damage occurs under Article 4(1) of Rome II Regulation in the context of online gambling losses

Ratio Decidendi

An action seeking to establish tortious liability against company directors for breach of national gambling law is not excluded from the scope of the Rome II Regulation by Article 1(2)(d), as it does not concern internal company law matters. For online gambling losses, the place where the damage occurs under Article 4(1) is the Member State where the player is habitually resident, as that is where the protected interest is harmed and the damage manifests.

Court Disposition

Questions answered; interpretation provided.

Orders

  • Article 1(2)(d) of Rome II Regulation does not exclude tortious liability claims against company directors for breach of national gambling laws from its scope.
  • Article 4(1) of Rome II Regulation means that, for online gambling losses, the damage is deemed to have occurred in the Member State where the player is habitually resident.