Facts
The Euro-Lotto Tipp AG aims to mediate participation in lottery pools and individual bets, to take on administration and management mandates, and to provide further services in connection with the "EuroMillions" lottery. The Loterie Romande claimed that the Euro-Lotto Tipp AG was violating various legal requirements for lotteries with its activities related to the "EuroMillions" lottery and requested that Comlot take the necessary measures.
Comlot affirmed its competence, as the cantons are authorized to prosecute and assess violations of the Lottery Act. Its (supervisory) powers are not limited solely to the authorized events. The Intercantonal Agreement of January 7, 2005, on the Supervision, Authorization, and Revenue Use of Intercantonal or Nationwide Lotteries and Bets (IVLW) has transferred the relevant competencies to Comlot.
Considerations
The Federal Supreme Court confirms the competence of Comlot to conduct inclusion or qualification procedures. As the licensing authority, Comlot is authorized, based on a teleological and temporal interpretation of federal and intercantonal law (IVLW), to conduct an inclusion or qualification procedure in connection with large-scale lotteries and to concretize the generally and abstractly valid lottery prohibition in individual cases.
Comlot can only conduct an inclusion or qualification procedure, i.e., within the framework of the administrative procedural requirements, clarify and determine…