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Behar Merlaku wants to force a casino to pay out the massive jackpot. Behar Merlaku, 26, played the winning machine at a casino in Bregenz, Austria. However when he went to claim his prize, the Swiss player was instead offered the money and meal by casino bosses after they refused to pay out.

Now the disgruntled year-old is to launch a lawsuit in Austria next month to force the casino to honour the 'win', which Mr Merlaku's lawyers says he is entitled to because of the what machine said.

The civil action, thought to be the biggest claim of its kind anywhere in the world, is being keenly watched by gaming operators everywhere.

When Mr Merlaku made his claim the operators of the casino immediately blamed a glitch in the machine. When he snubbed the paltry offer of compensation he was banned from the casino. Lawyers for the plaintiff say the company has passed the buck to the fruit machine manufacturer and refuse to take any responsibility for the error.

It also cited Austrian law which said jackpots cannot normally be higher than two million euros. A press conference is due to be held tomorrow in Innsbruck, Austria, outlining the case against Casinos Austria, which operates a casino in Glasgow. From ecstasy to agony: When Mr Merlaku made his claim the operators of the casino immediately blamed a glitch in the fruit machine.

Its UK subsidiary holds a UK gaming operators licence. It also operates casinos in Cairns and Canberra, Australia, and elsewhere. The first hearing in the case is scheduled for January 10 next year. The gambler's legal team will argue that because the machine told him he had won he is therefore justified in pursuing a claim. Mr Merlaku, a Kosovar-Albanian who moved to Switzerland at the time of the Balkans wars, said in an Austrian television interview that the greatest moment of his life quickly turned into the worst.

There was music and the sum I had won - nearly 43 million euros - was displayed on a screen. Mr Merlaku even used his mobile phone to film footage of the winning noise and screen.

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However, this could be used against him in court because the video shows he only had four of the five symbols in a line; in Austria there must be five matches. His lawyers will argue that because the machine told him he had won and therefore is justified in pursuing a claim.

The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.

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  • A gambler who thought he had won £37million on a fruit machine has been offered a free meal and £60 instead, after casino bosses said the jackpot was due to a ‘software error’. Despite only getting four of the slot machine's five required matches, Mr Merlaku was told he had.
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