How to sue a Switzerland company from UK?

waamo

This might be useful https://www.englishforum.ch/other-general/276222-small-claims-court-switzerland.html

It seems you have to submit the paperwork in French. You may also need to appear in person.

missile

This is in their T&Cs which I guess many people will not read>

7.4 Governing Law. This Agreement shall be governed by and interpreted in accordance with the Swiss laws. You consent to the exclusive personal jurisdiction and venue of Swiss courts. viagogo AG is registered in Switzerland, Company No. CH-270.3.014.628-0 with the registered address: viagogo AG, Rue du Commerce 4, 1204, Genève, Switzerland

pmduk

It's not coincidental that that's where Viagogo has chosen to be based.

steampowered

You can sue in a UK court.

There is a piece of EU law called the Brussels I Regulation, which says that where you are a consumer contracting with a business which "pursues commercial or professional activities" in your country, the consumer is entitled to choose whether to sue in the business' country or in their own country. There is an exception for travel/transport businesses, but not for businesses like viagogo.

This applies regardless of what the T&Cs say.

Even though Switzerland is not an EU member state, this law applies in Switzerland because Switzerland is part of the single market and has ratified that Regulation.

However, even if you did get a CCJ in the UK, then unless you can find any assets belonging to viagogo in the UK, you would still have to apply to the Swiss courts in order to enforce that CCJ in Switzerland.

So even if you get a CCJ you are still left with a difficult enforcement process if viagogo refuses to pay.

Aylesbury_Duck

I'm still amazed that someone would hand £3,000 over to what is pretty indistinguishable from a tout.

DCFC79

Aylesbury_Duck wrote: »

I'm still amazed that someone would hand £3,000 over to what is pretty indistinguishable from a tout.

So am I.


After all that's been in the news about them.