- Status
- Judgment entered (judgment)
- As of
- 20 May 2010 · read from the court record
- Court
- Bundesgericht (Schweizerisches Bundesgericht), II. öffentlich-rechtliche Abteilung · Supreme or high court
- Docket
- 2C_694/2009 (BGE 136 II 291)
- Filed
- 2009
- Type
- Operator v. regulator, licensing and administrative court cases
- Money
- No settlement fund or award on record
- Payout
- No payout exists as of 14 Nov 2026
Status words follow the court record: a complaint states one side's allegations, only the court's orders decide anything. Filing a settlement claim is always free.
What this case is about
In 2007-2009 the ESBK and then the Bundesverwaltungsgericht (30 June 2009) classified commercial Texas Hold'em tournaments as games of skill, letting hundreds of poker events run outside casinos. On the casino association's appeal the Bundesgericht reversed: the tournaments are mixed games in which skill is not shown to outweigh the chance of the deal, so under the Spielbankengesetz they may be held publicly only in licensed casinos; organisers had to unwind their businesses. The 2019 Geldspielgesetz later allowed small cantonally authorised poker tournaments, but the ruling remains the Swiss test for skill versus chance.
What this case is about
Schweizer Casino Verband gegen X. und Eidgenössische Spielbankenkommission (ESBK), docket 2C_694/2009, published as BGE 136 II 291, is a ruling of the Bundesgericht, the Swiss Federal Supreme Court (II. öffentlich-rechtliche Abteilung), delivered on 20 May 2010. The casino operators' association appealed against a poker tournament organiser identified as X. and the ESBK.
In 2007 to 2009 the ESBK and then the Bundesverwaltungsgericht (judgment of 30 June 2009) classified commercial Texas Hold'em tournaments as games of skill, which let hundreds of poker events run outside casinos.
The association argued that they are gambling under article 3 of the Spielbankengesetz (SBG) and article 21 of the Glücksspielverordnung. The case is one of the Licensing and Administrative Court Cases that set the Swiss test for skill versus chance.
Who is covered
The ruling affects organisers of commercial poker tournaments in Switzerland and the licensed casinos that hold the exclusive right to run them. The parties were the Schweizer Casino Verband, the organiser X. and the ESBK.
It is not a class action and no player is a party. The country overview is on Gambling Lawsuits in Switzerland.
Is there a payout?
No payout exists in this case. It is a licensing ruling, and the record shows no fund, damages or claim process for players.
The only money ordered was costs: court costs of CHF 5,000 and a party compensation of CHF 5,000 on X. GamblingLawsuits.org is not a law firm and not a claims administrator.
What the court decided
The Bundesgericht upheld the appeal, set aside the Bundesverwaltungsgericht judgment of 30 June 2009 and rejected X.'s request of 16 October 2007. The status is judgment, as of 14 November 2026.
It held that the tournaments are mixed games in which skill is not shown to outweigh the chance of the deal. Under the Spielbankengesetz they may therefore be held publicly only in licensed casinos.
On 2 June 2010 the Bundesrat announced that organising poker tournaments outside licensed casinos "ist damit ab sofort verboten" (is therefore prohibited with immediate effect). Organisers had to unwind their businesses.
Why it matters
The 2019 Geldspielgesetz later allowed small cantonally authorised poker tournaments, but the 2010 ruling remains the Swiss test for skill versus chance. It shows how a court can reverse an administrative classification that an industry had relied on.
For other disputes of this kind, see operators against regulators and states in the same category.
The regulator's own record is on the page for Eidgenössische Spielbankenkommission (ESBK / CFMJ) Lawsuits.
Related cases
- A. SAS (France) contre Interkantonale Geldspielaufsicht Gespa is the Bundesgericht judgment 2C_62/2025 on the blocking of a digital card game platform.
Questions people ask
Are poker tournaments in Switzerland gambling?
In this ruling, yes. The Bundesgericht held on 20 May 2010 that Texas Hold'em tournaments are mixed games in which skill is not shown to outweigh chance, so they may be held publicly only in licensed casinos.
What happened to poker tournaments outside casinos after the ruling?
The Bundesrat announced on 2 June 2010 that organising them outside licensed casinos was prohibited with immediate effect. The 2019 Geldspielgesetz later allowed small cantonally authorised tournaments.
Did anyone receive compensation?
No. The only money ordered was CHF 5,000 in court costs and CHF 5,000 in party compensation, both to be paid by X.
Who is involved
Plaintiffs: Schweizer Casino Verband (casino operators' association)
| Defendants | X. (poker tournament organiser); Eidgenössische Spielbankenkommission (ESBK / CFMJ) |
|---|---|
| Claims |
|
Is there a payout?
No payout exists in this case as of 14 Nov 2026.
What happens next
No future date is on the record we hold. The case is closed on the record we hold; later appeals or enforcement steps would be added here.
Timeline
2 dated steps on record, oldest first. Future dates come from court notices and can move.
| Date | Event |
|---|---|
| 2009 | Filed |
| 20 May 2010 | Judgment entered |
Documents and sources
3 primary sources (court file, administrator notice, regulator) and 0 secondary. Press is supporting evidence only.
- Docket: servat.unibe.ch
| What it supports | Source | Type | Retrieved |
|---|---|---|---|
| BGE 136 II 291 of 20 May 2010: appeal upheld, BVGer judgment of 30 June 2009 set aside, request of X. rejected | servat.unibe.ch | primary | 14 Nov 2026 |
| Bundesrat / ESBK release 2010: poker tournaments outside casinos prohibited from now on | admin.ch | primary | 14 Nov 2026 |
| 2C_694/2009, Urteil vom 20. Mai 2010, Schweizer Casino Verband v. X. and ESBK; BVGer judgment of 30 June 2009 set aside, request of X. of 16 Oct 2007 dismissed; Gerichtskosten Fr. 5'000 and Parteientschädigung Fr. 5'000 on X.; Bundesrat release of 2 June 2010 (https://www.admin.ch/de/nsb?id=33397): 'Die Organisation von Pokerturnieren ausserhalb von konzessionierten Spielbanken ist damit ab sofort verboten' | bger.ch | primary | 14 Nov 2026 |
Related cases
1 case in the record share parties, claims or a settlement with this one.
| Case | Court | Status |
|---|---|---|
| Bundesgericht: NFT fantasy-card game with Ether prizes is gambling, blocking upheld | Bundesgericht (Schweizerisches Bundesgericht), II. öffentlich-rechtliche Abteilung (on appeal from Interkantonales Geldspielgericht, 28 Nov 2024, 50 22) | Judgment entered |
Last checked against the sources on 14 Nov 2026. Found an error? Tell us and we correct the record with a dated note.