Austrian Court Rules FIFA Loot Boxes as Illegal Gambling

A court ruling in Austria has just shaken up one of the gaming industry’s most controversial features, and it’s not just about one game. For years, loot boxes have tiptoed around legal definitions, caught between entertainment, monetisation and gambling regulation. Now, a legal decision is drawing a much clearer line and putting platform holders, developers, and lawmakers on notice.

A Landmark Ruling in Europe’s Ongoing Loot Box Battle

With Google imposing new restrictions on gambling, an Austrian court has just made a call that could send shockwaves through the gaming world, ruling that FIFA’s Ultimate Team loot boxes count as illegal gambling under the country’s laws. The ruling, issued by the Hermagor District Court, directly targets Sony, not Electronic Arts, due to the fact that purchases were made through the PlayStation Store, making Sony the contractual seller.

While the case centred around modest refund claims of €338.26, the symbolism of the verdict is massive. It adds new firepower 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 reasoning came down to resale potential. Unlike purely cosmetic skins or one-time-use items, FIFA’s Ultimate Team card packs grant players randomised footballers that can later be sold on the secondary market for real-world financial gain.

That resale potential, the court said, gives the items tangible financial value, turning their randomised acquisition into a form of gambling.

Austria’s legal interpretation echoes similar concerns voiced by consumer advocates elsewhere: when money goes in and value can come out, even if it’s not guaranteed, the mechanic crosses into the regulated territory.

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

While the court ordered Sony to refund one plaintiff just over €300, the implications extend further. A law firm involved in the case claims that more than 1000 users have come forward, with individual refund claims ranging from €800 to €85,000 in extreme cases.

Still, there’s a catch: Sony is appealing the decision, and the ruling is not yet final. Until a higher court weighs in, refunds for other players remain uncertain.

So, the legal framework is now in motion. Win or lose on appeal, the case is already shifting how the industry thinks about loot boxes, particularly in relation to resale value, platform liability, and end-user expectations.

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