SPOTLIGHT AUSTRIA
and the Austrian Supreme Court provide greater legal certainty in Austrian gaming law. On the one hand, the “Wunner” ruling of the ECJ and the subsequent ruling of the Austrian Supreme Courts strengthen the position of players insofar as they clarify that the damage sustained by a player must be deemed to have occurred where that player is habitually resident. This means in essence that, in tort claims where the player is resident in Austria, Austrian courts are internationally competent and Austrian law applies. It remains to be seen if these decisions will facilitate additional tort claims against third parties. On the other hand, the two rulings of the Austrian Supreme Court on lootboxes (FIFA) and betting on e-sport events limit the scope for recovery for players.
Each lootbox system is to be assessed in the context of the game as a whole and is not classified as game of chance per se for containing some chance elements. Time will show if this necessity for a holistic evaluation of each individual lootbox system will lead to further attempts to challenge other lootboxes, which would simultaneously continue strengthening legal certainty for publishers. For operators offering online betting from outside of Austria the Austrian Supreme Court continues strengthening its existing case law that such offering does not require a betting license from an Austrian federal state. Furthermore, regarding betting on e-sport events it was clarified that such an offering is not to be considered a game of chance.
DR. CHRISTIAN RAPANI Foudning Partner, RAPANI For information contact +43 316 839045 c.rapani@rapani.at
JULIA KOTANKO Atorney, RAPANI
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