EA victorious after Austrian court rules that FIFA 23 loot boxes are not gambling

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EA has won a court case in Austria after the Higher Regional Court of Vienna ruled that FIFA 23 loot boxes are not considered gambling. 

As reported by Gamesindustry.biz, the court ruled that the player in the case did not acquire FIFA Ultimate Team packs with the intent to profit, but solely for in-game use. 

As there was no economic risk involved, the loot boxes were not classified as a game of chance under Austrian law.

The court also ruled that FIFA Ultimate Team packs cannot be viewed separately from the game itself, which is a game of skill, not chance. 

This follows mixed rulings in Austria’s lower courts on loot boxes. The case may still go to Austria’s Supreme Court, as appeals are allowed.

Choice and fairness 

“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,” read a statement from EA.

“We design our games to bring choice, fairness, value, and fun, and we are pleased with the court’s findings that FUT packs are not gambling, and that players generally do not acquire them to make a profit, but simply 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. This ruling rightly recognizes that spending is always optional, and most players choose not to spend at all.”