Austrian Supreme Court Determines Loot Boxes Do Not Constitute Gambling


Date posted: February 2, 2026, 10:08 AM.

Last updated on: February 2, 2026, 10:08 AM.

  • Austrian court rules on loot boxes in video games with a significant legal decision
  • The Austrian Supreme Court concludes that in-game purchases do not fall under gambling regulations

Austria’s Supreme Court has ruled that loot boxes are not classified as gambling under the Austrian Gambling Act.

Austrian Supreme Court ruling on loot boxes
The cover of FIFA Ultimate Team from 2019 features Kevin De Bruyne, Neymar, and Paulo Dybala. The Austrian Supreme Court ruled that loot boxes in soccer games do not classify as gambling. (Image: EA Sports)

Last year, the Austrian Supreme Court reviewed a case involving plaintiffs who accused Electronic Arts of engaging in illegal gambling practices by incorporating loot boxes into their game, FIFA Ultimate Team. They argued that the sale of these loot boxes, which are randomized digital packs with a slim chance of yielding elite footballers, equated to gambling.

The court found otherwise.

“A game of chance is defined as one where the result is determined entirely or predominantly by chance. Despite the randomness of digital items from loot boxes, players can influence the game’s outcome through skillful strategy and controller maneuvers,” the court stated.

“Thus, the plaintiffs did not sufficiently demonstrate that the game’s outcome hinges exclusively or primarily on chance,” the ruling further clarified.

Understanding Loot Boxes

In recent years, gamers and many concerned parents have voiced concerns against loot boxes in titles aimed at teens and younger audiences. Purchasing a loot box in hopes of obtaining coveted items has sparked comparisons to the thrill of playing a slot machine.

Opponents argue that loot boxes prey on psychological weaknesses, promote compulsive spending, and foster an environment that feels pay-to-win.

However, various courts globally, including in Austria, have ruled loot boxes as non-gambling, including decisions from the US and the UK.

Impressive Revenue Figures

In 2024, Electronic Arts reported $4.4 billion in revenue from “extra content” services, largely stemming from loot boxes, making up about 60% of the company’s total net revenue of $7.56 billion.

According to Persistence Market Research, the global loot box sector generated $22.7 billion in revenue last year and is projected to exceed $36 billion by 2032.

“The swift growth of high-speed internet, lower smartphone prices, and improved mobile technology have made in-game gambling accessible worldwide. By April 2025, 5G connections surpassed 2.25 billion, growing four times faster than 4G, with users consuming 1.9 times more data, fostering graphic-intensive multiplayer games featuring integrated loot boxes. This widespread mobile use significantly boosts engagement, in-game purchases, and the expansion of the loot box and in-game gambling market,” explained the Persistence report.

Companies like EA, Activision Blizzard, Tencent Holdings, Sony Interactive, Microsoft, Nintendo, Konami, and Riot Games are notable players generating substantial revenue from loot boxes.



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