Yes - quite a number of issues in ZDF behaving in this manner, particularly if they took the Swiss commentary (as they won't have a talent rights contract for the commentator(s)
However in situations like this the mantra is often "Better to ask forgiveness than permission"...
They did still use their own commentary via phone line, so that's not a problem and the German commentator even mentioned that "the pictures are provide by Swiss television" when they switched the feed (as if the big red-white logo in the upper left hand corner saying "SFsport live" wasn't a big enough giveaway). So you could argue they did quote their source
And yeah, when you have 30 million viewers waiting you just do it and ask questions later.