Facts
The Intercantonal Lottery and Betting Commission (Comlot) granted the Swisslos Intercantonal National Lottery a license for the lottery "Wingo" (now: "Ecco") on September 10, 2007. The game features fixed odds and is characterized by the possibility of multiple wins. The Federal Department of Justice and Police (FDJP) appealed the Comlot's decision to the Appeals Commission of the Intercantonal Agreement on Lotteries and Bets, which dismissed its complaint on August 12, 2009.
The FDJP applied to the Federal Supreme Court to annul the decision of the Appeals Commission and to reject the license application of Swisslos dated August 17, 2007 regarding the game "Wingo". The FDJP argued that the Appeals Commission had misinterpreted the concept of systematicity within the meaning of Art. 1 para. 2 of the Federal Act on Lotteries and Commercial Bets (LG).
Considerations
The Federal Supreme Court stated that the criterion of systematicity according to the case law requires the organizer to exclude its own game risk and not to submit to chance. This can be achieved either through a detailed plan of winnings or hits, or through a profit plan based on the totalizator principle.
The game "Wingo" does not meet these requirements, as it is played with fixed odds, which corresponds more to the bookmaker than the totalizator…