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Online casinos in Austria: what is legal (Gambling Act)
Online gambling in Austria: a concession under § 14 GSpG, win2day as the only legal platform, the Supreme Court on foreign operators. As of 7 October 2026.
6 分 · 更新 7 Oct 2026
In short
- Under § 14 GSpG the Federation can transfer the right to operate the lotteries under §§ 6 to 12b by a concession. That includes electronic lotteries entered through electronic media (§ 12a). [A1]
- The Austrian Lotteries hold this concession. It runs from 1 October 2012 to 30 September 2027. [A5]
- The online platform of the Austrian Lotteries is win2day. By its own account it is the only licensed online platform in Austria. [A2]
- Foreign operators do not hold an Austrian concession, even if they hold an EU licence. [A2]
- 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 (6 Ob 207/21s). [A3]
- 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]
Help
Advice on gambling addiction: https://www.spielsuchthilfe.at/
Sources
As of 7 October 2026.
- [A1] GSpG, RIS: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10004611
- [A2] win2day: https://www.win2day.at/blog/service-blog/steuerliche-rechtliche-aspekte-gluecksspiel-oesterreich
- [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
- [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
よくある質問
Is online casino gambling legal in Austria?
Under § 14 GSpG the Federation can transfer the right to operate the lotteries under §§ 6 to 12b by a concession. That includes electronic lotteries entered through electronic media (§ 12a). Foreign operators do not hold an Austrian concession, even if they hold an EU licence.
Which operator holds the concession?
The Austrian Lotteries hold this concession. It runs from 1 October 2012 to 30 September 2027. The online platform of the Austrian Lotteries is win2day. By its own account it is the only licensed online platform in Austria.
Does a Malta licence apply in Austria?
Foreign operators do not hold an Austrian concession, even if they hold an EU licence.
What did the Supreme Court decide?
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 (6 Ob 207/21s).
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