EUROPEAN LAW IN PRACTICE
The forbidden Apple
ROBBE VERBEKE SETS OUT A CASE ON THE LIABILITY OF ONLINE SERVICE PROVIDERS FOR GAMBLING FEATURES IN THIRD-PARTY APPS
T his article examines a Belgian case in which a claimant sought damages from Apple after spending nearly €70,000 on loot boxes purchased through an iPhone app. The dispute raised two key questions: whether loot boxes qualify as illegal games of chance under Belgian gambling law, and whether Apple, as operator of the App Store, can be held liable for hosting such content. The discussion explores the Belgian Gaming Commission’s position that loot boxes constitute gambling, the relevant provisions under Belgian law on games of chance, and the EU liability regime for online intermediaries under the e-Commerce Directive and the Digital Services Act. Central to the debate is whether Apple acted merely as a passive host, entitled to safe harbor protection, or whether its active role in app review and payment processing undermines that status. Although the case was settled before judicial clarification, it highlights unresolved questions regarding platform liability for illegal gambling content in the EU.
Introduction A Belgian man brought an action for extra-contractual liability against Apple Distribution International Ltd (“Apple”), claiming compensation for damages that resulted from an illegal game of chance acquired through Apple’s App Store. The claimant had not downloaded a casino app. He had downloaded a regular gaming app, in which he could purchase “loot boxes”. Over the course of a few months in 2021, the claimant spent a total of €67.813 on his iPhone – and through the in-app payment system – on loot boxes in the video game in question. According to the claimant, the mechanism of loot boxes is contrary to Belgian gambling legislation. He argued that Apple, by allowing in its Belgian App Store a game that infringes that legislation, committed an extra-contractual breach, so that it can be held liable for the resulting damage.
The case hinges on two questions: 1) Is a loot box in a video
IMGL MAGAZINE | SEPTEMBER 2025
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