Kernrechtsfrage
Whether the seizure order securing possible confiscation violated constitutional rights because there was no sufficient suspicion of a lottery-law offence.
Extrahierter Entscheid
No. The courts could find a serious suspicion that the TV quiz, as announced and experienced by an average viewer, did not clearly offer equal chances through paid and free participation routes.
Extrahierte Begründung
For a precautionary seizure, only a serious suspicion is needed. The decisive point was the viewer's perception of the broadcast, not the operator's internal technical allocation. The appellate court could without arbitrariness conclude that the paid phone line appeared more promising than Internet or WAP participation.