Austrian Court Rules FIFA Loot Boxes as Illegal Gambling

A court ruling in Austria has just considered FIFA loot boxes illegal gambling. For years, loot boxes have walked around legal definitions, caught between entertainment, monetisation and gambling regulations. Now, a legal decision has been made, and these loot boxes are being watched and regulated.

A Landmark Ruling in Europe’s Ongoing Loot Box Battle

Google just imposed new restrictions on gambling, but the Austrian court has just made a call that disturbed the gaming world. The FUT (FIFA Ultimate Team) Loot Boxes are illegal gambling under the country’s laws. The ruling, issued by the Hermagor District Court, surprisingly targets Sony and not EA Games. Why? Because the players have made the purchases via the PS Store, Sony is the legally binding seller.

While the case centred around modest refund claims of €338.26, the symbolism of the verdict is massive. It adds more power to the argument that loot boxes, especially those with resale value or monetary implications, should be subject to gambling regulation. With over 1000 affected users now reportedly in contact with lawyers, the aftershocks of this case are only beginning.

What Made FIFA’s Loot Boxes Illegal in Austria

The core of the court’s argument came down to resale potential. Unlike purely cosmetic skins or one-time-use items, FIFA’s Ultimate Team packs give players randomised football icons that can later be sold on the secondary market.

That resale potential, the court said, gives the items tangible financial value, turning their randomised acquisition into gambling, since money is the ultimate gain.

How This Compares to Other Global Cases

Austria isn’t the first country to draw a hard line on loot boxes. The Netherlands previously ruled against EA over FUT packs, although that decision was overturned in 2022 by the country’s highest administrative court. Belgium, meanwhile, has maintained a stricter stance and considers most loot box mechanics illegal.

What stands out about Austria’s approach is that it zeroes in on platform responsibility and the fact that these digital items can have real resale value. That’s a shift from other countries that tend to focus more on protecting minors or addressing addiction.

Every country handles this differently, but if this case proves anything, it’s that regulators aren’t done looking into how in-game purchases fit into gambling laws. And right now, the legal ground is still shifting, with new rules being in place by the UKGC, as of 2025.

A Legal Win for Players, But a Grey Future for Refunds

Still, the court ordered Sony to give back only €300; the implications go further. For example, a law firm that worked on this case claims that 1000+ users have come forward. Some individual refund claims are ranging from €800 up to €85k in some extreme cases.

Still, from what we know, Sony is appealing the decision, so the ruling is not yet final. A higher court must come in; until then, refunds for other players remain uncertain.

Resources

1. https://esportslegal.news/2024/11/06/austrias-loot-boxes-and-in-game-purchases/
2. https://www.dlapiper.com/en-us/insights/blogs/mse-today/2024/game-changer-austrias-evolving-stance-on-loot-boxes