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Tactilo electronic lottery distributors are legal

The Federal Administrative Court reverses the prohibition of the Federal Gaming Houses Commission

 

2010-02-03

 

ImageBy its decision handed down on 18 January 2010, the Federal Administrative Court (TAF) admitted the appeal lodged by the Loterie Romande, Swisslos and the cantons against the decision of the Federal Gaming Houses Commission (CFMJ), of January 2007, to prohibit Tactilo electronic lottery distributors outside gaming houses. The TAF noted that these distributors met the criterion of planning prize money, and were consequently subject to the Federal Lottery and Betting Act (LLP). Their operation by the Loterie Romande is legal.

After six years of unrelenting combat, the Loterie Romande greeted this TAF decision and stressed its importance; the Tactilo distributors generate nearly a third of the profits of the Loterie Romande. A prohibition would have meant fundamentally questioning the current lottery system whose profits are completely redistributed for the good of the community.

On 10 June 2004, the Federal Gaming Houses Commission (CFMJ) had filed administrative proceedings aiming at determining whether Tactilo distributors were one-arm bandits subject to the Federal Gaming Houses Act of 1998 (LMJ). At the same time, it had prohibited the introduction of this type of distributor in German-speaking Switzerland (Touchlot) and frozen the situation in French-speaking Switzerland within the limits of the quota authorised by the French Swiss Lottery and Gaming Conference (CRLJ) in 1998 and 2002, that is to say 700 Tactilo distributors throughout the six French-speaking cantons.

At the end of 2006, the CFMJ reached the conclusion that the Tactilo electronic lottery distributors fell within the scope of the Federal Gaming Houses Act (LMJ), and were prohibited outside casinos. It required their withdrawal within 6 months. The 26 Swiss cantons and the two lotteries, the Loterie Romande and Swisslos, immediately appealed this decision.

In its decision of 18 January, the TAF reversed the prohibition handed down by the CFMJ and confirmed that Tactilo distributors are lottery games within the meaning of the Federal Lotteries and Betting Act (LLP).

The profits of the Loterie Romande are entirely devoted to the support of public utility institutions working in the social, cultural and sporting areas. In 2009, some 185 million francs were redistributed. Of this 185 million, nearly 60 million come from the Tactilo electronic lottery distributors, that is to say about one-third of the profits.

 

Contact:

Mr. Jean-Pierre Beuret, Chairman, 079 332 01 00
Mr. Jean-Luc Moner-Banet, General Manager, 079 310 78 69

 
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