An important ruling by an Austrian court has determined that FIFA Ultimate Team packs do not constitute gambling

In a significant legal victory for Electronic Arts (EA), the Higher Regional Court of Vienna has determined that loot boxes do not qualify as gambling, following a case concerning FIFA 23.

The decision was based on the finding that individuals obtaining FIFA Ultimate Team packs did so without the intention to make a financial profit, but rather to enjoy the game itself.

Upon examining the Austrian Gaming Act, the court concluded that the absence of economic risk in acquiring these packs means they don't fall under the category of games of chance.

The court further clarified that FIFA Ultimate Team packs must be considered as a part of FIFA, a game driven by skill rather than luck, separating it from gambling activities.

This ruling marks a notable instance amid varying decisions across lower Austrian courts regarding loot boxes. EA regards this as a pivotal ruling for future cases in Austria.

Although other related cases remain pending, the Higher Regional Court is providing the option to advance this matter to the Supreme Court.

EA expressed satisfaction in a statement regarding the ruling, highlighting that it reinforces the idea that FIFA Ultimate Team packs don't constitute gambling. They noted that players engage with these features as part of the gaming experience, not for profit generation.

The company emphasized its commitment to offering choice, fairness, and entertainment in their games while acknowledging that most players refrain from making in-game purchases.

The company also welcomed a recent decision by the Highest Administrative Court in the Netherlands, which similarly concluded that FIFA Ultimate Team does not amount to gambling under Dutch legislation.