Legal Storm Clouds Over Evoke as Austrian Complaint Targets CEO

The gambling world is watching closely as Evoke plc finds itself in hot water once again, with CEO Per Widerström now directly named in a private criminal complaint filed in Austria. The case, which landed on the desk of Vienna’s Public Prosecutor’s Office on November 13, centers on a dispute that’s become all too familiar in the European gambling scene: a player seeking to recover losses from what they claim were unlicensed gaming operations.

An Austrian physician brought forward the complaint, arguing that Evoke and its various subsidiaries offered gambling services in Austria without proper authorization from local authorities. The case raises fundamental questions about whether the company violated Austria’s tightly controlled gambling monopoly, and prosecutors are now tasked with reviewing the allegations to determine if formal criminal charges are warranted.

This isn’t just another lawsuit, it’s part of a much larger story about how gambling companies navigate the complicated patchwork of regulations across Europe, and what happens when different countries can’t agree on the rules of the game.

From Humble Beginnings to Gambling Giant

To understand where Evoke is today, you need to rewind nearly three decades. The company that would become Evoke started life in 1997 as Virtual Holdings Limited, founded by two pairs of Israeli brothers: Avi and Aaron Shaked, along with Shay and Ron Ben-Yitzhak. They launched their first website, Casino-on-Net, that same year from their administrative base in Antigua.

The company’s journey took it through several transformations. In 2003, operations moved to Gibraltar, where the company obtained a gaming licence and established its headquarters on the island. Two years later, in 2005, the business listed on the London Stock Exchange under the name 888 Holdings, marking a major milestone in its evolution from startup to publicly traded powerhouse.

The biggest leap forward came in 2022, when 888 Holdings completed a transformational acquisition, buying William Hill’s international (non-US) operations from Caesars Entertainment for £1.95 billion. This deal brought one of the UK’s most iconic betting brands into the fold, along with more than 1,400 betting shops across the United Kingdom.

In 2024, the company underwent another significant change, rebranding from 888 Holdings to Evoke plc. The new name was chosen to better reflect the company’s diverse portfolio of brands and its vision for the future. Per Widerström, who joined as CEO in October 2023, has been steering the ship through this transformation, bringing his 17 years of online gaming experience, including his previous role as CEO of Fortuna Entertainment Group.

A Family of Well-Known Brands

Today, Evoke operates as the parent company for several internationally recognized gambling brands, each targeting different market segments and player preferences. William Hill, founded way back in 1934, remains the crown jewel with its deep roots in UK betting culture. The brand operates both online and through its extensive retail network of over 1,300 high street shops.

The 888casino brand, launched in 1997, claims the distinction of being one of the first online casinos. It now offers more than 2,500 games, combining titles from top games providers with exclusive games developed in-house by the company’s Section8 studio. The brand boasts one of the world’s largest selections of live casino tables and has served more than 25 million players since its launch.

888sport, which came along in 2008, positions itself as a challenger brand in the sports betting space, offering innovative experiences across core markets including the UK, Spain, and Italy. The 888poker platform, launched in 2002, quickly became one of the most popular online poker destinations.

Mr Green adds a premium touch to the portfolio. Launched in 2008, the brand is instantly recognizable thanks to its gentleman mascot in his iconic green suit and bowler hat. Mr Green offers casino, slot games, and personalized sports betting, with a particularly strong presence in Nordic countries like Denmark and Sweden. The brand also pioneered Green Gaming in 2017, a multi-award-winning player protection system.

Financial Reality Check

Evoke’s recent financial results paint a picture of a company navigating challenging waters while trying to stabilize and grow. For the full year 2024, the company reported revenue of £1.75 billion, representing a modest 3% increase compared to 2023. Online business grew by 6%, which helped offset a 5% decline in retail operations.

The adjusted EBITDA figure came in at £312.5 million for 2024, up 4% from the previous year and slightly exceeding the company’s guidance. This represented about a £2 million beat on the high end of expectations. The second half of 2024 showed particularly strong performance, with adjusted EBITDA jumping 33% year-over-year and 71% compared to the first half of the year.

However, the headline numbers tell a more sobering story. Reported EBITDA actually fell 9% to £230.6 million, weighed down by £79.3 million in exceptional items related to the company’s exit from the US B2C market and ongoing integration and transformation costs. The reported loss after tax widened significantly to £191.4 million in 2024, compared to a loss of £65.2 million in 2023 – representing a 194% increase.

The company has set aside £116 million (approximately $151.6 million) in provisions for legal and regulatory disputes, with Austria and Germany specifically identified as the primary sources of risk. By the third quarter of 2025, Evoke reported revenue of £435 million, up 4.3% from the previous year, marking the fifth consecutive quarter of year-over-year growth. The company employs around 10,622 people globally and operates from offices in Gibraltar, Bucharest, Ceuta, Leeds, London, Malta, Sofia, and Tel Aviv.

What the Complaint Actually Says

The legal documents reportedly name not only CEO Per Widerström but also reference his former role as international managing director, along with several Malta-licensed brands operating under the Evoke umbrella. The complaint alleges that the company operated in Austria without local authorization, violating the country’s gambling monopoly system.

The Austrian physician who filed the complaint is attempting to recover substantial gambling losses that allegedly accumulated through unlicensed play. This individual had previously secured a court judgment of €564,695 when the company still operated as 888, a decision that Evoke chose not to appeal at the time. With accumulated interest, the total amount now exceeds €700,000.

When the physician’s legal team tried to enforce this judgment in Malta, where Evoke’s headquarters are located, the company successfully invoked Malta’s controversial Bill 55 to shield itself from liability. Frustrated by this roadblock, the plaintiff has now initiated bankruptcy proceedings in Malta against Evoke, claiming difficulties in locating the company’s financial assets on the island. This bankruptcy case is scheduled to be heard in early 2026.

Documents obtained by the news outlet NEXT.io reportedly reveal that a senior Evoke official acknowledged during cross-examination in a separate case that the company was aware it operated outside Austria’s legal framework. However, this official expressed confidence that the Malta Gaming Authority licence provided sufficient legal protection. The same documents indicate that high-level management at Evoke opposed compensating players who brought such claims.

Sources close to the case told media outlets that the team behind the criminal complaint believes prosecutors will investigate the matter, though it remains uncertain whether formal criminal charges will ultimately be filed.

The Malta Shield and European Tensions

At the heart of this dispute sits Malta’s Bill 55, a piece of legislation that has become a lightning rod for controversy across Europe. Passed by Malta’s Parliament in June 2023, the law was enshrined into the country’s existing Gambling Act with the explicit purpose of protecting Malta-licensed operators from foreign court rulings related to gambling losses.

The law works in two ways. First, it prevents enforcement actions against Malta Gaming Authority licensed operators when such actions conflict with or undermine the provision of gaming services in Malta. Second, it blocks enforcement measures if they relate to an activity that was authorized and lawful under Malta’s Gambling Act. In practice, this means Maltese courts can refuse to recognize and enforce foreign judgments that would require operators to repay player losses.

Malta defends its position by citing the European Union principle of free movement of goods and services. The Malta Gaming Authority designed its licences as “point of supply” licences, enabling companies to operate cross-border from Malta to customers throughout the EU, provided a justifiable legal reason exists to serve customers in those jurisdictions and provided they comply with Malta’s robust legal framework.

Critics argue that Bill 55 violates EU law and undermines judicial cooperation between member states. The law has been described as a “sledgehammer” that is preventing thousands of successful claims issued in European courts from being paid out. Lawyers estimate there are approximately 20,000 active claims related to illegal gambling in Germany alone, with numbers growing in the Netherlands and Sweden.

The financial stakes are enormous. Flutter Entertainment, whose brands include Paddy Power and Sky Betting, acknowledged in its annual report that if a material proportion of player claims were successfully enforced either in Malta or any other jurisdiction, it could have a material adverse effect on the business. The European Commission has reportedly launched formal infringement proceedings against Malta over Bill 55, though as of late 2025, the outcome remains uncertain.

Competing in a Crowded Market

Evoke doesn’t operate in a vacuum. The company faces stiff competition from other major gambling operators across its key markets. Flutter Entertainment and Entain stand out as Evoke’s primary UK high-street competitors. Both of these companies underwent their own rebrands in 2019 and 2020 respectively, ahead of Evoke’s 2024 transformation.

Flutter Entertainment operates major brands including Paddy Power, Betfair, and FanDuel, giving it significant market presence across multiple regions. Entain, formerly known as GVC Holdings, owns brands like Ladbrokes, Coral, bwin, and PartyPoker. Both companies have substantially higher market capitalizations than Evoke and command larger shares of key markets.

In the UK market specifically, which represents Europe’s largest online gambling revenue contributor, bet365 maintains a dominant position, followed by Flutter Entertainment and Entain. If Evoke had owned William Hill in June 2020, the combined company would have held approximately 14% of the UK online market share, compared to 9.3% for 888 alone in April 2020.

The European online gambling market reached €43.0 billion in 2024 and is projected to grow to €76.7 billion by 2033, representing a compound annual growth rate of 6.3%. Mobile devices now generate 58% of online gambling revenue in Europe, up from 56% in 2023, reflecting the industry’s shift toward mobile-first experiences. Online gambling’s share of Europe’s total gambling revenue stood at 39% in 2024, up from 37% in 2023, with projections showing it will reach 45% by 2029.

Crypto-based gambling platforms are also projected to continue to achieve substantial growth.

Italy represents Europe’s largest gambling market with total gross gaming revenue of €21.0 billion in 2023, followed by the UK at €19.8 billion, Germany at €14.4 billion, and France at €14.0 billion. However, online penetration varies dramatically, with the UK showing 68.3% online share while Spain has just 14.2%.

Austria’s Tight Grip on Gambling

Understanding the Austrian complaint requires understanding Austria’s unique approach to gambling regulation. The country maintains a de-facto statutory monopoly on lotteries, electronic lotteries (including online gaming), and video lottery terminals.

Under the Austrian Gambling Act (Glücksspielgesetz), Österreichische Lotterien GmbH holds the exclusive license for lotteries, both land-based and online, through its win2day.at platform. This license runs until September 30, 2027. For land-based casinos, Casinos Austria AG operates 12 casinos across the country under concessions that expire at various points between 2027 and 2030.

Cross-border supply of gambling activities is explicitly not allowed under Austrian law. Gambling activities offered internationally via electronic media like the internet are subject to the national gambling monopoly and may not be advertised or executed within Austria. Violations can result in civil law consequences or administrative penalties.

The Ministry of Finance serves as both the licensing authority and the supervisory body for licensed companies. The stated regulatory objectives focus on preventing organized crime (including money laundering and terrorism financing), preventing consequential crimes committed by gambling addicts, youth protection, consumer protection, and financial market stability.

International operators have repeatedly challenged Austria’s monopoly system, arguing that it violates EU free market principles since their companies hold licences in other European Union countries. Austrian courts have consistently upheld the monopoly, citing public policy justifications such as the need to combat gambling addiction.

However, the European Court of Justice ruled back in 2010 that Austrian legislation violated EU law by only allowing companies with their headquarters in Austria to operate casinos, finding this constituted discrimination against companies headquartered in other member states. The ECJ also found that excluding operators whose headquarters were in another member state was disproportionate and went beyond what was necessary to fight crime and fraud.

Despite these rulings, Austria has maintained its monopoly system. However, change may be coming. The Austrian Association for Betting and Gambling (OVWG), representing international operators including bet365, Flutter, and Bet-at-home, has filed complaints with the European Commission arguing the monopoly violates EU free trade rules. With key concessions expiring between 2027 and 2030, Austria is now considering liberalizing its online casino laws, potentially allowing as many as 30 private licensees into the market. The OVWG estimates this could generate as much as €1.4 billion in tax revenue by 2031.

European Justice Weighs In

The most significant development in the broader European gambling dispute came in September 2024, when European Court of Justice Advocate General Nicholas Emiliou issued a non-binding opinion in case C-440/23. His opinion addresses fundamental questions about whether players seeking refunds from foreign gambling operators are abusing EU law.

The case involved a German consumer who lost considerable money playing secondary lotteries and online slot machines on Malta-based operators’ websites between 2019 and 2021. The consumer later assigned his claim for restitution to a claims company, which brought the case in Maltese courts, arguing that because the operators didn’t hold German licences, the gambling contracts were illegal under German law and therefore null and void.

The defendant companies raised two defenses. First, they argued the German gambling rules violated Article 56 of the Treaty on the Functioning of the European Union, which guarantees freedom to provide services across the EU. Second, they claimed that such refund claims constituted an abuse of EU law.

Advocate General Emiliou concluded clearly that claims for repayment of gambling stakes are not, in principle, an abuse of Union law. He stated that restitution claims are governed by national contract law, not EU freedoms, and therefore fall outside the doctrine of abuse. Even though gamblers are challenging another member state’s gambling regime, this doesn’t mean they’re misusing EU legal principles.

The Advocate General’s opinion, while not binding, carries substantial weight. The ECJ often follows the guidance of its Advocates General, meaning Emiliou’s view could shape a landmark ruling on how national gambling restrictions interact with EU market freedoms and cross-border private litigation. A final ruling is expected in 2026.

In a separate but related hearing in September 2025, the ECJ heard the landmark Tipico case, with several EU member states backing Germany’s position. The central question is whether online bets placed during Germany’s transitional licensing period (2013-2021) were unlawful and therefore void under civil law. Germany secured support from Belgium, Greece, and Portugal, all emphasizing that member states must retain the ability to impose stricter national controls on gambling even within the single market.

Malta, home to many operators’ headquarters, countered that its regulatory framework provides robust player protection and should be recognized across the EU. The Advocate General’s opinion in the Tipico case is scheduled for December 2025, with a final ruling expected in 2026. Legal experts present at the hearing assessed the outcome as potentially positive for affected players based on the court’s tendency.

What Lies Ahead for Evoke and the Industry

The online gambling industry stands at a crossroads, with technological innovation, regulatory evolution, and cross-border legal battles all converging simultaneously. For Evoke specifically, the path forward involves navigating these multiple challenges while trying to deliver on its value creation plan and restore consistent profitability.

The company has taken governance steps to strengthen its position, including establishing a dedicated Technology Committee at the board level in May 2025. This committee provides oversight of major technology investments and ensures they align with the company’s broader business strategy while maintaining effective risk management. Chairman Jon Mendelsohn emphasized that in a world where technology evolves at breakneck speed and where technology leadership drives sustainable success, this oversight has become essential.

The legal landscape remains perhaps the biggest uncertainty. With thousands of player refund cases winding through courts across Europe, and with the ECJ expected to deliver potentially game-changing rulings in 2026, operators like Evoke face the possibility of having to pay out substantial sums if legal precedents shift decisively against them. The £116 million provision Evoke has set aside may prove insufficient if unfavorable rulings open the floodgates to additional claims.

Regulatory harmonization, or the lack thereof, will shape the industry’s future. While some countries like Germany and the Netherlands have moved toward competitive licensing frameworks, others like Austria maintain monopolies, creating a patchwork that operators must navigate carefully. The outcome of pending ECJ cases could force greater alignment across the EU, either by validating the right of member states to maintain restrictive policies or by strengthening the argument that EU-licensed operators should be able to operate freely across borders.

For Evoke’s leadership team under CEO Per Widerström, the focus remains on executing the turnaround strategy that has started showing signs of traction. Five consecutive quarters of year-over-year revenue growth through mid-2025 suggest the company’s operational restructuring is gaining momentum. However, the shadow of pending legal matters, particularly the Austrian criminal complaint naming the CEO directly, adds a layer of reputational and legal risk that could complicate these efforts.

The gambling industry has always operated in a grey zone between entertainment and risk, between regulation and freedom, between national sovereignty and cross-border commerce. As Evoke and its peers navigate the 2020s, they’re finding that this grey zone has never been greyer, or more legally fraught, than it is today.