Facts
X AG holds premium rate service numbers that it uses in the context of TV game shows. The audience is asked to call one of the displayed numbers at a rate of "CHF 1.50/call", "SFR 1.50/call" or "CHF 1.50/call and minute". Individual participants selected at random are called back or connected to the show, where they can win a (cash) prize if they correctly answer the questions or puzzles. The premium rate service fee is charged for each call, i.e. also for those that are not connected or do not result in a callback. Participation in the game is also possible by postcard. On 25 April 2005, the Federal Office of Communications (OFCOM) revoked the corresponding premium rate service numbers with immediate effect, as they were not used in accordance with the terms of use and there was a suspicion that they constituted an impermissible lottery-like event. The Federal Appeals Commission for Infrastructure and Environment (REKO/INUM) confirmed this decision on appeal on 21 November 2005. The Federal Supreme Court dismisses the administrative court appeal filed by X AG against this, insofar as it enters into it.Considerations
Lotteries and lottery-like events are prohibited, subject to certain exceptions. A lottery is any event in which a financial advantage is offered as a prize in return for a stake or the conclusion of a legal transaction, and the acquisition, size and nature of which is systematically determined by the drawing of lots or numbers or by a similar chance-based means. The disputed games of X AG meet these requirements, as participation via the premium rate service numbers is associated with a stake and the prize depends on chance.
Participation without a stake is only…