Facts
The Federal Department of Justice and Police (FDJP) appealed against the decision of the Appeals Commission of the Intercantonal Agreement on Lotteries and Bets, which had granted Swisslos Intercantonal National Lottery a "General Licensing Permit for the Lottery Product Family of Advance Physical Tickets". The Federal Supreme Court upheld the FDJP's appeal and overturned the decision of the Appeals Commission, with the instruction to supplement the ruling of September 10, 2007 in accordance with the considerations.
Considerations
The Federal Supreme Court concluded that the regulation in the Lottery Concordat, according to which the Intercantonal Lottery and Betting Commission (Comlot) can issue a central licensing permit for intercantonal or nationwide lotteries and bets, is generally compatible with federal law. The "General Licensing Permit for the Lottery Product Family of Advance Physical Tickets" issued by Comlot does not violate federal law, contrary to the objections of the FDJP.
However, the Comlot ruling proves to be incomplete and in violation of federal law with regard to the procedure and legal protection. The procedure must be supplemented so that the FDJP has the opportunity not…