In a case that could have set a precedent at European level, Belgium has chosen to withdraw its complaint against Apple, accused of allowing the sale of illegal loot boxes via its App Store. This judicial reversal puts an end to a legal battle started by a Belgian gambler who spent more than €67,000 on a mobile game, without any ruling from the Court of Justice of the European Union.
Belgian gamer spends €67,813 and sues Apple
Between January and November 2021, a Belgian gamer, identified as Mr Ls, spent €67,813 on loot boxes for the mobile game Top War: Battle Game, available on Apple’s App Store. These loot boxes, integrated purchases offering random rewards, have been considered games of chance in Belgium since 2018 and require a specific licence, which the game’s developer, RiverGame, did not have.
Believing that Apple had provided access to an illegal game, Mr Ls took the company to court, claiming damages equivalent to his losses.
Apple invokes the E-Commerce Directive
Apple defended itself by invoking the 2000 European directive on electronic commerce, which protects information society service providers from liability for content hosted at the request of users. The company argued that it was acting solely as a hosting provider and was therefore not responsible for the content of the applications offered on its App Store.
However, Mr Ls’s lawyers disputed this interpretation, arguing that gambling activities, including loot boxes, should be treated separately under European law.
The Antwerp court refers the matter to the CJEU
Faced with these conflicting arguments, the Antwerp company court decided to refer a number of questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling. The questions concerned in particular the definition of gambling activities under the Directive and the liability of download platforms, such as the App Store, for the games offered.
The aim was to clarify whether Apple could be held liable for hosting a game containing illegal loot boxes in Belgium.
Withdrawal of the complaint and no European ruling
On 9 May 2025, it was announced that Belgium had withdrawn its complaint against Apple, ending the proceedings without a ruling from the CJEU. The Antwerp court confirmed that the withdrawal followed an amicable agreement between the parties, the terms of which remain confidential.
This withdrawal means that there will be no legal clarification at European level on the liability of platforms such as the App Store for loot boxes.
Consequences for the regulation of loot boxes in Europe
The absence of a decision by the CJEU leaves the question of the liability of digital platforms for loot boxes without a clear answer at European level. This maintains a fragmentation of regulations between Member States, each applying its own rules regarding online gambling.
In Belgium, the 2018 legislation bans unregulated loot boxes, but the application of this law depends on the national authorities. Other European countries, such as France and Austria, also have varying approaches to this phenomenon.
Implications for the Digital Services Act
This case could have had implications for the Digital Services Act (DSA), adopted in 2022, which amends and extends the principles of responsibility of digital platforms. The DSA requires platforms such as the App Store to play a more proactive role in managing the content they host.
A ruling by the CJEU upholding Apple’s liability could have strengthened this obligation and prompted other countries to review their regulations to protect consumers from the risks associated with loot boxes.