TL;DR
- Austrian Supreme Court rejects gambling claim on FIFA packs.
- Skill in gameplay trumps random loot elements.
- Ruling may spark calls for stricter regulations.
Austria's top court has delivered a verdict in a high-profile case about loot boxes in EA's football games. The Supreme Court decided that the randomized card packs in FIFA Ultimate Team (now EA Sports FC Ultimate Team) do not qualify as gambling under Austrian law. This ruling marks a significant win for Electronic Arts and Sony after several years of legal battles.
The dispute began when a group of players claimed they had lost substantial money buying these virtual packs. One player reportedly spent around 20,000 euros between 2017 and 2021 trying to get better players and items for their team. Supported by litigation funder Padronus, the group argued that the random nature of the rewards made the system equivalent to gambling, since real money was being spent for a chance at valuable digital content.
Lower courts had delivered mixed outcomes in the past, with some decisions siding with players and ordering refunds. The Supreme Court, however, took a different approach. The justices emphasized that loot boxes cannot be judged in isolation. Instead, the entire game experience must be considered.
In their reasoning, the court highlighted the heavy reliance on player skill. Even though the contents of each pack are randomly assigned, success in the game depends far more on actual gameplay ability—strategy, timing, decision-making, and execution during matches. The court stated that players can "use their own skills to control the course of the game with a probability suitable for success, thus establishing a rational expectation of winning." In short, the game rewards skill far more than pure chance.
This perspective echoes similar decisions in other jurisdictions. For instance, courts in the Netherlands reached a comparable conclusion about FIFA packs several years ago, focusing on the dominant role of player skill. Meanwhile, countries like Belgium took a stricter stance and effectively banned certain loot box mechanics years earlier.
Electronic Arts welcomed the outcome enthusiastically. A company spokesperson described the final ruling as providing "much needed clarity to both industry and Austrian players," confirming that EA Sports FC and its Ultimate Team mode do not constitute gambling.
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