Austria Court Rules FIFA Loot Boxes Not Gambling

Austria’s Supreme Court has brought a years-long legal dispute over FIFA’s loot boxes to an end, deciding that they do not qualify as gambling under national law when used within a skill-based video game.

The ruling, issued on 18 December 2025 in case 6 Ob 228/24h, reversed earlier court decisions that had required Electronic Arts and Sony to reimburse a player who spent close to €20,000 on FIFA Ultimate Team packs between 2017 and 2021.

With this judgment, Austria aligns itself with the Netherlands, where the Council of State reached a comparable conclusion in 2022. The decision stands in contrast to Belgium’s 2018 stance, which classified loot boxes as unlawful gambling.

Court Applies “Rational Expectation” Standard

Central to the Supreme Court’s reasoning was how loot boxes should be evaluated within the broader context of the game itself. The judges dismissed arguments that packs could be treated as standalone gambling activities, stating that loot boxes in a football simulation must be assessed as part of the complete game experience.

The Court emphasized that a proper legal assessment requires evaluating the game “as a whole,” rather than isolating individual in-game purchases. Under Austria’s Gambling Act, gambling exists only when outcomes depend entirely or mainly on chance.

In cases where skill and chance coexist, Austrian courts rely on the so-called “rational expectation test.” This test considers whether players can reasonably influence outcomes through skill, even if random elements are involved.

Applying this approach, the Supreme Court concluded that FIFA players retain meaningful control. While the contents of loot boxes are randomly assigned, success in matches depends on player decision-making, tactical choices and controller skill, allowing players to influence results in a way that supports a reasonable expectation of success.

Years of Conflicting Judgments

The dispute moved through multiple Austrian courts before reaching the country’s highest judicial authority.

In February 2023, the District Court of Hermagor ruled that FIFA packs constituted gambling and ordered Sony to refund €338.26. Sony did not appeal, allowing the ruling to stand.

Later that year, the Vienna Regional Civil Court adopted a similar position, instructing EA and Sony to repay €10,800 to another claimant.

That interpretation was overturned in September 2024, when the Vienna Higher Regional Court determined that FIFA Ultimate Team packs were purchased for in-game use rather than profit and that FIFA should be classified primarily as a skill-based game.

By permitting the appeal to proceed, the Higher Regional Court enabled the Supreme Court to establish a binding nationwide precedent.

Binding Precedent for Austria

The Supreme Court’s December 2025 ruling definitively settled the issue. By confirming that loot boxes must be evaluated within the context of the full game, the decision now guides all Austrian courts.

The judgment highlighted three decisive factors:

• Loot boxes are typically bought to enhance gameplay, not for monetary return

• Purchases are fully integrated into the game environment

• Digital items obtained cannot be transferred outside the game ecosystem

With this ruling, Austria has set a clear legal framework for loot boxes in video games, ending uncertainty for publishers and players alike.