Video game publisher Electronic Arts is reportedly under threat of prosecution in Belgium after refusing to remove ‘loot boxes’ from its FIFA football series.

Loot boxes are virtual containers filled with mystery in-game items, such as weapons or currency. Players can get items in loot boxes either by paying or through game play.

In April of this year, the Belgian Gambling Commission (BGC) ruled that ‘loot boxes’ were gambling under existing Belgian law and therefore illegal. However, the ruling has not yet been tested in court.

Companies that fail to comply with the ruling could face fines of up to €800,000 (£697,000) or up to five years in prison.

The Commission highlighted games such as FIFA, Activision Blizzard’s Overwatch, Valve’s Counter-Strike: Global Offensive and 2K Games’ NBA2k19 as in violation of the ruling.

The publishers of Overwatch, Counter-Strike and NBA all removed loot box purchases from their games in Belgium, but EA defied the ruling and continued allowing purchases of its FIFA Ultimate Team player packs in FIFA 18.

There is no indication that the company intends to remove the feature from the upcoming FIFA 19 game.

Inspired by classic football stickers, FIFA Ultimate Team has players building their dream squads through players found in random packs

According to Dutch newspaper Nieuwsblad, the BGC has reported EA to the public prosecutor’s office.

The BGC’s director Peter Naessens told the newspaper that if the prosecutor does not rule in their favour under existing law, the BGC will “advocate revising the gambling law” so that they can “tackle” loot boxes.

In May, EA’s CEO Andrew Wilson flatly denied that loot boxes are gambling, suggesting that the company are willing to press on, at least with FIFA Ultimate Team.

“We don't believe that FIFA Ultimate Team or loot boxes are gambling firstly because players always receive a specified number of items in each pack,” said Wilson. ”Secondly we don't provide or authorise any way to cash out or sell items or virtual currency for real money."

The hugely popular FIFA Ultimate Team mode is inspired by classic football stickers, where players can open randomised packs of players in order to build their dream squad.

Packs can be bought with coins earned through playing the game, trading player cards with other players or bought with real-world money.

Naessens rejects the football sticker comparison however, saying: “Panini prints just as many stickers from every footballer. It is not a roulette between common and rare pictures. With FIFA 18, that is indeed the case.”

The video game industry faced backlash over its implementation of loot boxes following last year's Star Wars Battlefront 2

If this reaches court, the outcome could have major ramifications for the implementation of ‘loot boxes’ in video games.

As well as Belgium, the Dutch Gambling Commission also ruled that loot boxes are gambling.

However, the UK Gambling Commission ruled in November that loot boxes do not fall under gambling law, largely because the items contained within each pack are only usable within that particular game and can not be ‘cashed out’ for real money.

The debate over loot boxes reached fever pitch in November last year, following EA’s release of Star Wars Battlefront II, a shooter that made loot boxes a core part of the game’s progression.

Player backlash and global governmental pressure lead to EA changing the implementation, while it has pledged not to include loot boxes in its upcoming games Battlefield V and Anthem.

However, FIFA Ultimate Team remains one of the company's most popular and lucrative areas.

Loot boxes and other paid-for in-game items remain an important revenue stream for video game publishers, allowing them to make money from long-running ‘service’ games beyond a player’s initial purchase.

The legitimacy of loot boxes are an ongoing debate within the industry. 2K Games, who complied with the BGC’s request to remove loot boxes from its NBA 2K19 nevertheless called on its players to appeal to the government should they wish to see the feature reinstated.

“We will be continuing conversations with the BGC in order to explain our view,” said 2K. “If you agree, we recommend that you contact your local government representative.”