EA has won a key court case in Austria over the classification of loot boxes as gambling. The Higher Regional Court of Vienna has concluded that loot boxes in FIFA 23 are not gambling. This is because the player in question did not obtain FIFA Ultimate Team packs with the intent to generate profit. Instead, they acquired them purely to use in the game.
The court ruled that the economic risk is not present in this case. After assessing the Austrian Gaming Act, they determined that it does not count as a game of chance.
Furthermore, the court stated that FIFA Ultimate Team packs cannot be viewed in isolation from the game itself. They emphasized that FIFA is not a game of chance but rather a game of skill.
It follows inconsistent outcomes around loot box cases in Austria amongst the lower courts. This is the biggest court yet to rule on the matter in Austria, which EA believes is direction-setting.
The Higher Regional Court of Vienna has allowed an appeal to the Supreme Court and will also review other cases.
In a statement, EA said that this is a direction-setting decision from the Higher Regional Court of Vienna and follows similar first instance decisions from other Austrian courts in recent months.
They stated that they design their games to offer choice, fairness, value, and fun. They are pleased with the court’s findings that FUT packs are not gambling. It has also been noted that players typically obtain them not for profit but as part of the game.
EA continues to believe that optional in-game purchases, when done right, play an important role in giving players a choice in how they want to engage with a game. The ruling rightly recognizes that spending is always optional, and most players choose not to spend at all.
