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Austria’s Supreme Court rules video-game loot boxes are not gambling

Regulation

Austria’s Supreme Court ruled that loot boxes in a football video game did not constitute gambling under the country’s gambling law, rejecting a player’s repayment claim. The player had sought nearly €20,000 spent on in-game purchases between October 2017 and October 2021; the court said the game’s outcome depended predominantly on skill.

The ruling clarifies that these loot boxes did not meet Austria’s gambling-law criteria because outcomes depended predominantly on skill.

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Regulation

Bari appeal court rules ordinary PCs are not gaming machines

The Court of Appeal of Bari upheld a gaming point operator's appeal against an ADM injunction, ruling that ordinary personal computers used for internet browsing cannot be treated the same as machines permanently dedicated to gambling. The court cited reasonableness and proportionality under the Italian constitution.

The Court of Appeal of Bari has upheld in full an appeal by the holder of a gaming point against an injunction order issued by the Agenzia delle Dogane e dei Monopoli (ADM). The ruling, in proceeding no. 490/2024, concerns a challenge to injunction order no. 400 of 7 March 2017, issued by the Amministrazione dei Monopoli for an alleged breach of article 7, paragraph 3-quater, of decree-law no. 158/2012, converted by law no. 189/2012, with reference to the sanctions regime under the 2016 Stability Law.

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