Wednesday, December 11, 2024

KES Foundation pursues justice for Dutch gambling losses


The KES Foundation, officially launched on Tuesday, aims to facilitate a mass claim to recover gambling losses. The foundation is collaborating with a Groningen-based law firm that is notable for representing victims of earthquake damage. The firm stated that a claim could soon be filed on behalf of over 50,000 affected players. 

According to the KES Foundation’s press release, it is leading a mass claim on behalf of over 50,000 gamblers who registered through the Claimly platform.

In 2024, the Claimly platform initiated efforts to recover gambling losses incurred before October 1, 2021, from gambling operators. This initiative was originally undertaken by the Dupeerden Illegale Gokverliezen Foundation, which was founded in June 2024. According to the Chamber of Commerce, the foundation focused on gathering data from victims and exploring the potential for a mass claim.

Currently, the KES Foundation has taken over the responsibility for advancing this mass claim. The founder of the Dupeerden Illegale Gokverliezen Foundation is not involved in the current board or the Supervisory Board of the KES Foundation.

Politician Achmed Baâdoud, former district chairman of Amsterdam Nieuw-West and current MKB-Amsterdam chairman, leads the newly established foundation. Lawyer Elsbeth van Rhijn also joins the Board of Directors.

Baâdoud is working alongside the Groningen-based law firm DeHaan Advocaten en Notarissen to prepare the mass claim. Lawyer Pieter Huitema from the firm brings extensive experience with mass claims, including the one related to earthquake damage in Groningen. Lawyer Pieter Huitema, who is known for his extensive experience in mass claims,  states that the foundation is prepared to submit a claim worth “hundreds of millions” in the near future.

Achmed Baâdoud, the current MKB-Amsterdamc chairman, mentioned:

“Duped people who have joined the K.E.S. Foundation have a strong case and we will submit the claim together with the foundation in the short term. This means that we are ready to take legal action and we can actively negotiate or litigate on behalf of the victims who have reported to us. With thousands of victims, we can now immediately make a claim of hundreds of millions and later possibly the multiple of this.”

In 2024, multiple lawsuits were filed by Dutch gamblers seeking to recover their gambling losses from online casinos operating before the legalization of online gambling. While most rulings were in favor of the gamblers, one case was decided in favor of the gambling company. In order to clarify the interpretation of gambling legislation, two courts decided to refer questions to the Supreme Court.

The submission of these questions faced delays. Although several lawsuits were filed against Unibet, the company was not directly involved in the cases where the preliminary questions were raised, and consequently, Unibet submitted a joint request for inclusion in the two cases.

Once the second request is addressed, the questions can be finalized and sent to the Supreme Court. However, the timeline for the Supreme Court’s response still remains uncertain. 

 Baâdoud additionally mentioned:

As a foundation, we are committed to justice for anyone who has been fooled by illegal online gambling. We make the threshold as low as possible and break the taboo, so that people dare to come forward. We are ready to represent them, while looking forward to a positive ruling from the Supreme Court.



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