Austrian OGH: Are Video Game ‘Loot Boxes’ Considered Gambling?

Feb 26, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined the issue of whether ‘loot boxes’ featured in video games qualify as gambling, and if so, whether operators are obligated to obtain a licence.

Loot box contents are random

In the case at hand, the plaintiff had expended approximately EUR 20,000 on points for a football video game over a four-year period. These points were utilised to acquire so-called loot boxes within the game. Loot boxes contain virtual football players, which can subsequently be used in gameplay. While the type and category of each loot box is disclosed prior to purchase, the specific contents—namely, which player will be obtained—are only determined at the moment of acquisition by a randomised algorithm. The plaintiff is seeking reimbursement of EUR 20,000 from the defendant, who operates the server hosting the game. This claim is founded on the argument that buying and accessing loot boxes amounts to unlawful gambling, as it is alleged that the defendant lacks the necessary licence.

The video game needs a thorough review

The OGH determined that loot boxes are so integrally linked to the technical framework of the video game that their purchase process cannot be assessed independently from the game itself. Furthermore, as the rewards obtained from the loot boxes are usable solely within the context of the video game, the applicability of Section 1(1) of the Austrian Gambling Act (Glücksspielgesetz, GSpG) must be evaluated with respect to both the loot boxes and the entirety of the video game.

Gambling outcomes based mostly or solely on chance

In the current video game, although individual digital content from loot boxes is randomly assigned, players retain significant control over gameplay outcomes. Success relies on their skills, including chosen tactics, strategies, and proficiency with the controller, which collectively support a rational expectation of winning. Accordingly, the progression and potential for victory are not determined solely or primarily by chance. As clarified by the OGH, these circumstances do not meet the legal definition of gambling.

 OGH, 6 Ob 228/24h (18 December 2025)