Online casinos in Austria: what is legal (Gambling Act)

Is online casino legal in Austria?

Under § 14 of the Gambling Act (GSpG) the Federation can transfer, by a concession, the right to operate the lotteries described in §§ 6 to 12b. That transfer includes electronic lotteries in which people take part through electronic media (§ 12a). Online casino games that fall inside those provisions are therefore a concession matter, not an open market in which any EU licence is enough. [A1]

The practical result is narrow. A site that offers slots, roulette or blackjack to players in Austria needs the Austrian concession for that offer to be the legal one. A licence printed in another country does not replace it. The pages below separate the concession holder, the foreign-licence question, the Supreme Court line and what win2day actually publishes as promotions.

Who holds the concession, and until when?

The Austrian Lotteries hold the concession. It runs from 1 October 2012 to 30 September 2027. [A5] Their online platform is win2day. By its own account it is the only licensed online platform in Austria. [A2]

The date matters because comparison pages often write as if several brands were interchangeable for Austria. The concession text does not work that way. Until 30 September 2027 the named holder is the Austrian Lotteries, and the platform they operate online is win2day. This page does not predict what happens when that term ends, and it does not treat a marketing claim from another brand as a second concession.

What applies to casinos with a Malta or Curaçao licence?

Foreign operators do not hold an Austrian concession, even if they hold an EU licence. [A2] Many bonus-comparison sites still list those operators for Austria. Bonusjungle does not list, for players in Austria, offers from casinos that have no Austrian concession.

Foreign operators still advertise in Austria and rely on EU law. The situation is therefore often called a grey area. Legally, an offer without a concession is not permitted. [A1][A3] The grey-area label describes the advertising, not a second legal category. It is not a reason to treat a Malta or Curaçao licence as an Austrian concession, and it is not a reason to rank those welcome offers for this market.

What did the Supreme Court decide?

In 6 Ob 207/21s (2022) the Supreme Court held a gambling contract with an operator that has no Austrian concession to be void. It treats the concession system as compatible with EU law. [A3]

7 Ob 16/25s, decided on 19 February 2025, is the later line. The operator was based in Malta and had no Austrian concession. The lower courts ordered repayment of a loss of €59,530. The Supreme Court did not take the appeal, so that repayment order stayed in place. [A4] In our own words: losses from prohibited gambling are recoverable as standing case law (RS0134152), and the concession system, including the licensee's advertising, is consistent with EU law.

A reference to the Court of Justice, C-683/24, concerns enforcement in Malta. The Supreme Court did not treat 7 Ob 16/25s as hopeless because of that case. This page does not cite 2 Ob 154/24x.

Nothing here is advice for a particular loss. The cases describe the court's line. Enforcing a judgment outside Austria is a different question, and a single case needs its own legal advice.

What bonuses and promotions does win2day offer?

Promotions change. The following is what was on win2day's pages on 9 October 2026, each with the page we read.

Lotto: 3 Lotto welcome tips with a total value of €4.50 after registration, redeemable immediately and without a deposit (win2day lotto welcome page).

Casino: prize-draw promotions, for example Roulette Power Hour and Blackjack Power Hour, with a chance at €500 play credit for the Pragmatic Play live casino, and video-poker draws with play credit of €5 to €50 (the prize-draw and casino promotion pages).

We did not find a classic deposit bonus (a match bonus) on the promotion pages we read. We do not write a live-casino bonus from a €1 deposit. That line was not on those pages.

Because the only legal online-casino platform in this note is win2day, a "best casino bonus in Austria" question does not get an offshore welcome offer as the answer. The promotions above are prize draws and lottery tips, not a matched deposit bonus with a wagering multiplier we could score.

Help

Advice on gambling addiction: https://www.spielsuchthilfe.at/

Sources

As of 10 October 2026. win2day promotion facts are as read on 9 October 2026.

1. [A1] GSpG, RIS: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10004611
2. [A2] win2day: https://www.win2day.at/blog/service-blog/steuerliche-rechtliche-aspekte-gluecksspiel-oesterreich
3. [A3] OGH 6 Ob 207/21s: https://www.ris.bka.gv.at/Dokumente/Justiz/JJT_20220202_OGH0002_0060OB00207_21S0000_000/JJT_20220202_OGH0002_0060OB00207_21S0000_000.html
4. [A4] OGH 7 Ob 16/25s (19 February 2025): https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Justiz&Dokumentnummer=JJT_20250219_OGH0002_0070OB00016_25S0000_000
5. [A5] VfGH B1339/11 (BMF decision of 10 October 2011): https://360.lexisnexis.at/d/u_zivil_VfGH_2012_JFT_09878794_11B01339_9abe10572f · WKO: https://www.wko.at/bank-versicherung/banken-bankiers/casinos-austria-lotterien/rechtsgrundlagen
6. [A6] win2day promotions, read 9 October 2026: https://www.win2day.at/lotterien-promotions/lotto-gratis · https://www.win2day.at/promotions-gewinnspiele · https://www.win2day.at/casino-promotions