FDJ United has welcomed the legal clarity that the Supreme Court of the Netherlands has brought to the tricky topic of gambling losses claimed prior to the Dutch market’s re-regulation.
On 3 July, De Rechtspraak determined that claimants in relation to gambling contracts entered between players and operators prior to the implementation of the Remote Gambling Act (KOA) on 1 October 2021 market initiation could not be upheld.
The judgement deems that the terms of the previous WOK Act of 1964 could not be used to determine customer contracts for online gambling operators, regardless of licensing status at the time.
Mediation by the highest court of the Netherlands was needed to settle long-standing claims on historic losses involving the brands of 888, Party Gaming and Betsson.
Yet Unibet, formerly Kindred Group’s flagship sportsbook brand until FDJ United acquired the Swedish group in January 2024, stood as taking the largest liability of €75m.
This liability came from a consumer rights claim of Dutch consumer advocacy group of Dynamiet, which represented a losses claim of 2,500 former Unibet NL customers.
Responding to SBC News, an FDJ United spokesperson said the judgment had brought “important legal clarity for all parties involved”, confirming that “the central legal argument relied upon by claimants in relation to gambling contracts entered into between players and operators prior to the regulation of the Dutch online gambling market on 1 October 2021 cannot be upheld.”
FDJ remains committed to Dutch market
The group reiterated that it has always pursued a strategy of operating exclusively in regulated markets or jurisdictions with a clear path to regulation.
“For the record, FDJ United has always committed to operate solely in markets that are locally regulated or with a clear path to being locally regulated,” FDJ stated to SBC.
“Following FDJ United’s acquisition of a controlling stake in the Kindred Group on 11 October 2024, Kindred’s business in markets not regulated at a local level, including in the Netherlands prior to the legal opening of this market in 2021, was divested, together with the associated liabilities.”
The company also pointed to Unibet’s longstanding commitment to the Dutch regulated market, noting that the brand had consistently engaged with authorities ahead of regulation and honoured the gambling regulator Kansspelautoriteit’s (KSA) mandatory cooling-off period before launching under a Dutch licence.
At present, FDJ said its focus has shifted to the next phase of the Kamer’s forthcoming overhaul of the KOA regime.
Leadership is closely monitoring political developments as Claudia van Bruggen, Secretary of Legal Rights, pursues a ‘comprehensive package’ of gambling reforms to strengthen consumer protections, particularly for young adults (under-24s) and financially vulnerable groups.
Van Bruggen and the Liberal Coalition have endorsed a ban on gambling bonuses, centralised deposit limits across all operators and a total prohibition of gambling/betting advertising.
Furthermore members of the coalition have called on Van Bruggen to ensure that all active licences are reviewed under a tighter framework.
“We are still carefully studying the recently announced reforms, and we expect that the specifications of the government’s proposed reforms will crystallize in the next half year,”
While reaffirming that FDJ remains “very committed to the Dutch market” and continues to work closely with the Kansspelautoriteit to uphold the highest compliance standards, the company warned against proposals for a complete gambling advertising ban.
Since completing its acquisition of Kindred Group in October 2024, FDJ maintains that all its subsidiaries are active across 100% regulated markets – in which “ highest compliance standards and is in continuous discourse with the regulator to ensure a safe playing environment.”
“We would caution the government against moving towards a full advertisement ban,” the spokesperson added. “Recent studies have shown that 95% of the advertisements on Meta belong to unlicensed operators. A full advertisement ban risks nullifying the efforts to channelize players to the regulated market.”
Instead, FDJ United backed the government’s plans to strengthen enforcement powers, concluding: “We commend the government on expanding the regulator’s toolbox to tackle the pressing issues facing the Dutch market, such as the growth of the unlicensed market, which today accounts for half of the total market.”