Betting

Art. 33 of the Swiss Lottery Act (LG) prohibits commercial betting. Cantonal law may, however, provide for exceptions.

Swisslos and Loterie Romande organise sports lottery-like totaliser betting throughout Switzerland authorised by cantonal governments or Comlot. In the French-speaking part of Switzerland, Loterie Romande also authorises betting on horse races (“Pari-Mutuel-Urbain”, PMU).

Commercial betting is prohibited. According to the Federal Court's broad interpretation of the term "commercial" in conjunction with betting, "commercial" bets generate revenue for the operator and can be repeated to some extent. Revenues do not necessarily have to result in net profits or lead to an increase of operator's assets (Federal Court ruling of 19 February, 2007, with reference to Nomura Bank International PLC, Crédit Suisse SA, deliberation no. 8.3).

Therefore, betting activities are not subject to art. 33 of the Lottery Act (LG), provided they are limited in terms of duration and range of participants, and provided the operator generates no revenue but simply administers bids prior to their redistribution in full. A betting event amongst office staff during European or World Cup finals, for example, may therefore be entirely compatible with the Swiss Lottery Act (LG).

Cantonal prosecutors investigate and adjudicate any violations according to art. 47 of the Swiss Lottery Act (LG). While Comlot does not have the power to prosecute, it will report to the prosecutor any violations of Swiss law.