Belgian Court Seeks EU Guidance on App Store Liability for Loot Boxes
A Belgian court has referred questions to the EU’s top court regarding the liability of app stores hosting games with loot boxes, potentially impacting digital service regulations.

Antwerp Court Questions Apple’s Role
The Enterprise Court of Antwerp has raised concerns about Apple’s role. They question Apple’s decision to allow games with loot boxes that break Belgian gambling laws.
The court found that Apple’s Belgian app store had in-game loot boxes that violated local rules. Mr. Ls brought this case, reportedly spending €67,813 on loot boxes in Top War: Battle Game. River Game developed the app.
Legal Battle Over Liability
Mr. Ls seeks damages from Apple. He argues Apple should not host games that violate Belgian gambling laws. Apple claims it is not liable. They cite their role as a hosting service under the EU’s Electronic Commerce Directive.
This directive protects providers of information storage from liability for content they store at the request of service recipients. However, the plaintiff argues the directive excludes gambling. Therefore, Apple is not protected.
EU Court to Clarify Key Issues
The Antwerp court has asked the Court of Justice of the European Union (CJEU) to clarify several points. These include whether gambling is excluded from the Electronic Commerce Directive’s liability protection. If so, should national law or an EU concept define “gambling activities?”
The court also seeks clarity on whether software on platforms like Apple’s app store is considered “information.”
Implications for Digital Services Act
The CJEU’s response could impact the Digital Services Act (DSA). The DSA replaced the Electronic Commerce Directive in 2022. The DSA also addresses safe harbor and service provider liability.
The court’s decision could affect how app stores are regulated. It could also impact how they are held accountable for the content they host, especially gambling-related elements.
Source: iGaming Business