Facts
In the context of an investigation into suspected violations of the Federal Act on Lotteries and Commercial Bets (LottA) against [Y.] and other persons, in which the company [X.] is also involved, the District Chancellery of the Zurich District issued a decree on 11 January 2006. It ordered the provisional blocking of the payout of the provider shares of the premium-rate number 0901 [B.] .
The company [X.] appealed against this seizure decree, which was dismissed by the District Court of Zurich, Single Judge for Civil and Criminal Matters.
The company [X.] contested the decree of the Single Judge by way of a constitutional appeal. The Federal Court set aside the decision of the District Court, as the required equality of winning prospects for participation in the TV game shows had not been sufficiently clarified.
Considerations
The Federal Court stated that a competition pursuant to Art. 43 para. 2 LottA does not constitute a lottery-like undertaking if it can also be participated in without making a stake. The decisive factor is that, according to the conditions of the organiser, such a participation opportunity with equal winning prospects exists for all interested parties. It is not necessary that all interested parties actually have the necessary means for this.
In the present case, in…