Facts
A.-Gaming Ltd., based in Malta, operates licensed online casino games, online sports betting, and other online offerings through the domain "a.com". The Intercantonal Lottery and Betting Commission (Comlot) blocked access to these offerings in Switzerland through a general order as of October 8, 2019. A.-Gaming Ltd. filed an objection to this order, which the Intercantonal Gambling Court dismissed on February 15, 2021, insofar as it concerned the qualification of the "x Game" as gambling and the constitutionality of the network block.
A.-Gaming Ltd. then filed a complaint with the Federal Supreme Court, requesting the lifting of the blocking order and instructing Gespa to remove the domain "a.com" from the blocking list. It also requested that the network block in the Gambling Act be declared unconstitutional.
Considerations
The Federal Supreme Court dismissed the complaint, to the extent that it was considered. It held that the "x Game" of A.-Gaming Ltd. met the requirements of a gambling game within the meaning of the Gambling Act and that access to it could be blocked in principle.
The network block, despite its limited effectiveness, is proportionate. It serves to protect the concession and licensing system for gambling created by the legislator, as well as to protect players from dangers such as gambling addiction and money laundering. Other measures…