Austria's Supreme Court has delivered a pivotal ruling regarding loot boxes in video games, specifically those in FIFA, declaring that they do not fall under gambling laws.This decision, finalized on December 18, 2025, overturns previous court judgments that had mandated Electronic Arts (EA) and Sony to refund thousands of euros to players who spent significant amounts on FIFA Ultimate Team packs between 2017 and 2021.
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igamingtoday.comThe Supreme Court's ruling aligns Austria with the Netherlands, which similarly concluded in 2022 that loot boxes are not classified as gambling, while contradicting Belgium's 2018 stance that deemed loot boxes illegal gambling.
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igamingtoday.comgamesindustry.bizThis trend illustrates the varying legal interpretations of loot boxes across Europe.The case hinged on how loot boxes are perceived within the context of video games.The court applied a "rational expectation test," which evaluates whether players can reasonably expect to win based on their skills, despite the element of chance involved.
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igamingtoday.comThe judges concluded that FIFA players exercise a degree of control over their success through strategy and skill, stating, "the player can...steer the course of the game with a probability suitable for success.".This ruling comes after a protracted legal battle that began with a February 2023 ruling by the District Court of Hermagor, which classified FIFA loot boxes as gambling requiring a license.
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igamingtoday.comSubsequent judgments from lower Austrian courts also sided with the plaintiffs, compelling EA and Sony to issue refunds.However, the Vienna Higher Regional Court later overturned these decisions, asserting that the packs were purchased for in-game use and not profit, thus framing FIFA as a skill-based game rather than one of chance.
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gamesindustry.bizThe Supreme Court emphasized several critical points in its decision.First, players typically acquire loot boxes for gameplay rather than financial gain.Second, the purchase process is integrated into the game's design, and third, the digital items obtained cannot be traded outside the gaming environment.
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igamingtoday.comThis comprehensive view effectively binds all Austrian courts to the same legal interpretation moving forward.EA welcomed the ruling, asserting that it reinforces their stance that the Ultimate Team packs are not gambling mechanisms.The company argued that most players do not buy these packs with the intention of making a profit, but rather to enhance their gaming experience.
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gamesindustry.bizThis decision could influence future legal interpretations of loot boxes and in-game purchases, particularly as other countries grapple with similar issues.The legal landscape surrounding loot boxes continues to evolve.In the United States, cases have emerged questioning whether such purchases violate gambling laws, highlighting the complexities of defining gambling in the digital age.
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nordialaw.comAs different jurisdictions develop their policies, the Austrian ruling may serve as a guiding precedent, influencing discussions on game design and consumer protection.In conclusion, the Austrian Supreme Court's ruling is a significant development in the ongoing debate about loot boxes in video games.By determining that these in-game purchases do not constitute gambling, the court has provided clarity for both game developers and consumers, potentially shaping the regulatory framework for similar cases worldwide.
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igamingtoday.comgamesindustry.bizThe implications of this ruling may extend beyond Austria, as the global discourse around loot boxes and gambling continues to evolve, with many stakeholders advocating for clearer regulations to protect consumers, especially minors, from potential gaming-related harms.
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nordialaw.comAs the gaming industry expands, understanding the intersection of legal definitions and player protections will be crucial for developers, regulators, and players alike.
