CJEU Clarifies Applicable Law For Online Gambling Torts

Online Gambling Torts - Rome II Regulation

On 15 January 2026, the Court of Justice of the European Union (“CJEU”) delivered its Preliminary Ruling in Wunner, Case C-77/24, a significant judgment concerning the interpretation of the law applicable to non-contractual disputes relating to online gambling. The ruling is with regards to the interpretation of Articles 1(2)(d) and 4(1) of EU Regulation No 864/2007 on the law applicable to non-contractual obligations (“Rome II”).

1. Facts Of The Case

An Austrian-resident player participated in online gambling offered by Titanium Brace Marketing (“Titanium”), a Maltese-incorporated provider of games of chance currently in liquidation. The player brought proceedings before the Austrian courts against Titanium's two directors to recover losses incurred through such gambling.