Electronic Arts has celebrated a victory in the loot box debate at the Vienna Higher Regional Court – the opposing side is appealing. A judgment that would create legal certainty is expected in 2025.
Loot boxes are not a game of chance. This was the conclusion recently reached by the Higher Regional Court (OLG) in Vienna after proceedings initiated by the litigation funder Padronus. No information about the plaintiff or the claim is public – only that it concerns Ultimate Team Packs from FIFA 23.
According to the Higher Regional Court, the plaintiff did not acquire them with the intention of selling the items they contained in order to make a profit. Accordingly, the user did not take any economic risk, as is usual for gambling from a legal point of view.
“We consider the non-final judgment to be legally flawed and are currently preparing the appeal for the Supreme Court,” said Richard Eibl, CEO of Padronus, in an official statement. Eibl is confident about the appeal: “Fearing the Supreme Court, Electronic Arts (EA) and Sony did not appeal last year against the second-instance ruling of the Vienna Regional Court for Civil Matters, which ruled in our favor.”
Is lootbox gambling coming to an end in Austria?
In 2023, both the District Court of Hermagor and the Regional Court for Civil Matters in Vienna ruled in favor of the plaintiffs. Consequently, EA and Sony had to refund payments already made. The District Court in Hermagor argued at the time that the outcome of the FUT packs in terms of content depended on chance. Furthermore, a card drawn represented an “asset-related service” within the meaning of the Austrian Gambling Act. Although FUT items cannot be sold for real money, they can be sold for in-game currency.
This argument could be important for the appeal. After all, the Supreme Court will take similar cases into account. However, a decision is not expected before 2025. If the judges of the last judicial instance in Austria classify loot boxes as a form of gambling that requires a license, this could have significant consequences. So-called geoblockers, which restrict the sale of FUT packs & co. in Austria, would be possible.
In Belgium, loot boxes have been banned since 2018 and are therefore not available in video games. In this country, there are still no documented court proceedings on the subject. There are several reasons for this, as Dr. Oliver Daum explained in an interview with eSport.