The complaint was made by a company in Malta that runs secondary lotteries, through which players place bets on outcomes of lotteries themselves.
Court documents claim that Lotto Bayern posted a video on its YouTube channel involving a discussion on the use of lottery money for the promotion of sports.
Also featured on Lotto Bayern’s YouTube channel was a video titled “cool life” and a link to another YouTube channel named “EuroJackpot- EuroJackpot results.”
In addition, LOTTOBayern advertised a “lucky number horoscope” on its Facebook page, which encouraged participation in a pre-filled numbers game called “Lotto 6aus49”.
The lottery betting operator claimed that Lotto Bayern used unlawful advertising measures, alleging that the video clips on its YouTube channel contain inaccurate information as they encourage participation in the game rather than simply stating the chances of winning.
The plaintiff also alleged that the advertised winnings were highlighted in such a way that violated the State Treaty on Gambling, while the “lucky number horoscope” suggested an increased chances of winning and therefore went could be considered unfair business conduct.
The court concluded that Lotto Bayern’s videos violated section 5 (1) of the State Treaty on Gambling, which states that all advertising measures must adhere to strictly necessary methods of encouraging customers to partake in state-owned gambling.
The court also agreed with the claim that the videos presented gambling in a positive light, specifically suggesting that those partaking in the lottery can live a “cool life”.
In regards to the “lucky number horoscope”, the court found that the advertising methods violated fair trading law.