Key Austrian court finds FIFA Ultimate Team packs are not gambling

EA has won a key court case in Austria over whether loot boxes should be classified as gambling.

The Higher Regional Court of Vienna concluded that loot boxes in FIFA 23 are not gambling because the player in question didn’t acquired FIFA Ultimate Team packs with the intent to generate profit, but purely to use in the game.

After assessing the Austrian Gaming Act, the court ruled that because the economic risk is not present in this case, it does not count as a game of chance.

In addition, the court said that FIFA Ultimate Team packs cannot be considered in isolation from the game itself (FIFA), which is not a game of chance but 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”.

With other cases to be reviewed, the Higher Regional Court of Vienna is allowing for appeal to the Supreme Court.

“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,” EA said in a statement.

“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.”

EA also added that it welcomes the news that the Highest Administrative Court in Netherlands also decided that FIFA Ultimate Team does not constitute gambling under Dutch law.