Facts

The company [X. AG] , which produced TV game shows and was a subscriber to a premium-rate telephone number, filed an appeal against the seizure of the provider shares of this premium-rate telephone number by the district office of the district of Zurich. The District Court of Zurich dismissed the company's appeal against the seizure. Thereupon, the company [X. AG] filed an appeal in criminal matters against the decision of the District Court with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It concluded that the District Court was able to affirm the urgent suspicion of an infringement of the lottery legislation without arbitrariness. Although the Directorate of Social Affairs and Security of the Canton of Zurich had previously classified the game show as legally permissible under lottery law, according to the assessment of the Federal Supreme Court, the game show did not meet the requirements of a lottery-like…