Austrian Supreme Court Rules FIFA Loot Boxes as Not Gambling

The Supreme Court of Austria has ruled that loot boxes in FIFA games do not constitute gambling, concluding that FIFA Ultimate Team involves a sufficient degree of player skill. The final ruling, issued in a case file dated December 2025, resolves a years-long dispute brought against Electronic Arts (EA) and Sony by a group of players.

The justices held that loot boxes cannot be assessed in isolation and must be evaluated within the context of the game they are part of. While the contents of FIFA Ultimate Team packs are randomly allocated, the court found that player skill materially influences match outcomes.

As a result, the mode was classified as a “mixed game” of chance and skill rather than gambling.

The court stated that although the contents of packs are randomly allocated, players can influence match outcomes through their own skill, creating a rational expectation of success rather than reliance on chance alone.

FIFA Ultimate Team Loot Boxes Considered a Mixed Game

Austrian litigation funder Padronus supported the case on behalf of players who spent a combined €20K (~$23.7K USD) on FIFA loot boxes. Padronus managing director, Richard Eibl, stated the organization considers the judgment legally flawed and confirmed that other similar cases against EA and Sony remain pending before the Supreme Court.

EA welcomed the ruling, saying it brings clarity for the industry and Austrian players, and confirms that EA Sports FC (EAFC) and its Ultimate Team mode do not constitute gambling under current law.

Legal researcher Leon Xiao said in an exclusive statement to GamesIndustry.biz that the decision may push Austrian lawmakers to consider stricter regulation if concerns around loot boxes persist, noting that most gambling laws were written before such mechanics existed. He added that while new legislation is not strictly required, consumer and advertising law could offer remedies if more effectively enforced.

The ruling aligns with a similar decision in the Netherlands in 2022, but contrasts with recent UK cases where courts have taken a stricter view, including recognizing certain in-game virtual currencies as property. This highlights how national legal frameworks continue to shape the global debate over loot boxes.