EU Court to Decide if Apple is Liable for Loot Boxes in Games

The European Court of Justice (CJEU) is set to decide if Apple can be held liable for hosting games with loot boxes.

A Belgian plaintiff claims he spent €67,813 on in-game loot boxes, arguing that Apple should be responsible for violations of gambling laws.

The ruling could reshape gaming regulations in Europe, determining whether platforms like the App Store share legal responsibility for gambling content.

Learn how this case could impact loot box regulations, gaming platforms, and the broader gambling industry.

EU Court to Rule on Apple’s Liability for Loot Boxes in Video Games

3 Key Points:

1. Belgian Court Seeks EU Clarification: The Enterprise Court of Antwerp has asked the CJEU to determine if Apple is liable for hosting loot boxes.
2. Plaintiff Seeks Damages from Apple: A Belgian gamer claims he spent nearly €68,000 on loot boxes, arguing Apple facilitated illegal gambling.
3. Potential Regulatory Impact: The ruling could influence the Digital Services Act and reshape loot box regulation across European gaming markets.

The Enterprise Court of Antwerp has referred a landmark case to the Court of Justice of the European Union (CJEU), questioning whether Apple can be held liable for hosting games that contain loot boxes classified as gambling under Belgian law.

The case stems from a lawsuit filed by a Belgian iPhone user with a gambling addiction, who alleges that he spent €67,813 on loot boxes in Top War: Battle Game, a mobile title developed by Hong Kong-based River Game.

His legal team, led by Sirius Legal managing partner Bart van den Brande, is seeking damages from Apple, arguing that the tech giant should not facilitate games that violate Belgium’s strict gambling laws.

Apple’s Legal Defense and the Electronic Commerce Directive

Apple contends that, as an online service provider under the EU’s Electronic Commerce Directive (ECD), it should not be held liable for the content of apps available on the App Store. The company cites “safe harbour” protections, which shield platforms from liability for user-generated content.

However, the plaintiff argues that gambling activities fall outside the scope of the ECD, making Apple legally accountable for hosting loot box-driven games.

The Enterprise Court of Antwerp has formally asked the CJEU to clarify:

1. Are gambling-related activities excluded from the liability protections of the ECD?
2. Should “gambling activities” be defined at the national level or under EU law?
3. Does downloadable software in the App Store qualify as “information” under the ECD?

While the ECD was replaced by the Digital Services Act (DSA) in 2022, the CJEU’s ruling could set legal precedents affecting current and future gaming regulations in the EU.

Belgium’s Strict Stance on Loot Boxes and Gambling Sponsorships

Belgium became one of the first countries to classify loot boxes as gambling in 2018, requiring them to be regulated like traditional betting products. However, loot boxes remain widespread in video games, raising concerns about consumer protection and enforcement gaps.

Meanwhile, Belgium’s Kansspelcommissie (national gambling regulator) has launched an investigation into football clubs allegedly circumventing new gambling sponsorship bans.

• The latest regulations prohibit clubs from displaying gambling logos over 75 cm² or featuring betting sponsors on the front of kits.
• However, clubs continue partnering with gambling brands indirectly, using broadcast deals, sports news platforms, and affiliated foundations.

Football clubs in the UK and the Netherlands are closely monitoring the investigation. The Netherlands will ban gambling sponsorships in July 2024, while English Premier League clubs will remove gambling sponsors from front-of-shirt placements by 2026-27.

A Landmark Case for Gaming Regulation in Europe

The CJEU’s ruling on Apple’s liability for loot boxes could reshape Europe’s gaming laws, determining whether platforms can be held accountable for hosting gambling content.

If Apple is found liable, it could force major changes in how gaming marketplaces regulate in-app purchases. Meanwhile, Belgium’s evolving gambling laws continue to set a precedent, influencing future regulations across Europe.

With loot boxes under increasing scrutiny, game developers, platform holders, and regulators must prepare for potential legal shifts that could redefine the boundaries between gaming and gambling.