Facts
On 15 October 2007, X. requested the Swiss Federal Gaming Board (ESBK) to qualify certain poker tournaments it offered as games of skill, which the ESBK did on 6 December 2007. Against this, the Swiss Casino Association (SCV) and Casino Zürichsee AG appealed to the Federal Administrative Court, which dismissed the appeal on 30 June 2009. The Federal Supreme Court upholds the appeal filed by the SCV, overturns the judgment of the Federal Administrative Court and rejects X.'s request.Considerations
The Federal Supreme Court concludes that the "Texas Hold'em" poker tournaments, which were assessed by the lower instances as being predominantly characterized by skill, are to be qualified as games of chance that may only be offered in licensed casinos. The Gaming Board is indeed authorized to examine the classification of activities under the Gambling Act and to decide whether a game is to be qualified as a game of chance or a game of skill. However, it must take into account the purpose and intent of the Gambling Act, according to which gambling for money or other pecuniary advantages is to be comprehensively covered and concentrated on the licensed casinos.
The Federal Supreme Court considers that in "Texas Hold'em" poker tournaments, chance predominates over skill, as the outcome depends significantly on the distribution of the cards and the betting behavior of the players, which is based on only limited knowledge. While the player's knowledge and skills can…