Facts
X. AG wants to introduce the slot machine "Hot Time Version 1" in Switzerland. The Federal Gaming Commission rejected this, which was confirmed by the Federal Appeals Commission for Casinos. The Federal Supreme Court upholds the administrative court appeal of X. AG, overturns the decision of the Appeals Commission and remands the matter for approval of the "Hot Time Version 1" to the Federal Gaming Commission.Considerations
The Federal Supreme Court examines whether the slot machine "Hot Time Version 1" is a gambling or skill game machine. It states that the Appeals Commission must exercise a certain restraint in reviewing the distinction between skill and gambling machines and may leave the Gaming Commission a certain margin of appreciation in this regard. The question of whether the win depends entirely or predominantly on chance or on the player's skill requires an overall assessment of the circumstances.
The Federal Supreme Court concludes that the "Hot Time Version 1" can be considered a skill game machine. Although the game contains elements of chance, the more skilled player can…