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  • FIRST POST
    • lefeverela
    • By lefeverela 13th Jan 19, 3:34 PM
    • 3Posts
    • 0Thanks
    lefeverela
    How to sue a Switzerland company from UK?
    • #1
    • 13th Jan 19, 3:34 PM
    How to sue a Switzerland company from UK? 13th Jan 19 at 3:34 PM
    Hello,

    I am trying to understand how I should proceed to sue a Switzerland company while based in the UK.

    To make the story short, I bought services from a Switzerland company online, and I did not receive the service expected. At the end my overall cost was about £3k. I am trying to see how to bring the Switzerland company to a UK court, but I am not sure how to serve my claim and how to start the process...

    My understanding is that as I bought the service from the UK soil, UK law should apply, even though the company is located in Switzerland. Otherwise it means they are operating in UK without abidingto the UK rules.

    Any help would be appreciated.

    Thanks
Page 1
    • Aylesbury Duck
    • By Aylesbury Duck 13th Jan 19, 3:38 PM
    • 2,692 Posts
    • 3,568 Thanks
    Aylesbury Duck
    • #2
    • 13th Jan 19, 3:38 PM
    • #2
    • 13th Jan 19, 3:38 PM
    Hello,

    I am trying to understand how I should proceed to sue a Switzerland company while based in the UK.

    To make the story short, I bought services from a Switzerland company online, and I did not receive the service expected. At the end my overall cost was about £3k. I am trying to see how to bring the Switzerland company to a UK court, but I am not sure how to serve my claim and how to start the process...

    My understanding is that as I bought the service from the UK soil, UK law should apply, even though the company is located in Switzerland. Otherwise it means they are operating in UK without abidingto the UK rules.

    Any help would be appreciated.

    Thanks
    Originally posted by lefeverela
    What's the service and from which company?
    • shaun from Africa
    • By shaun from Africa 13th Jan 19, 3:42 PM
    • 10,530 Posts
    • 11,901 Thanks
    shaun from Africa
    • #3
    • 13th Jan 19, 3:42 PM
    • #3
    • 13th Jan 19, 3:42 PM
    My understanding is that as I bought the service from the UK soil, UK law should apply, even though the company is located in Switzerland. Otherwise it means they are operating in UK without abidingto the UK rules.
    Originally posted by lefeverela
    If they are physically located only in Switzerland then unless their terms and conditions state otherwise, it will be Swiss law that applies.
    A website accessible from the UK (even if it's a .co.uk website) doesn't mean that UK law automatically applies.

    I'm guessing that it's Viagogo:
    https://forums.moneysavingexpert.com/showpost.php?p=74827884&postcount=27
    • lefeverela
    • By lefeverela 13th Jan 19, 3:59 PM
    • 3 Posts
    • 0 Thanks
    lefeverela
    • #4
    • 13th Jan 19, 3:59 PM
    • #4
    • 13th Jan 19, 3:59 PM
    If they are physically located only in Switzerland then unless their terms and conditions state otherwise, it will be Swiss law that applies.
    A website accessible from the UK (even if it's a .co.uk website) doesn't mean that UK law automatically applies.

    I'm guessing that it's Viagogo:
    Originally posted by shaun from Africa
    yes it is viagogo
    • societys child
    • By societys child 13th Jan 19, 4:31 PM
    • 5,803 Posts
    • 6,603 Thanks
    societys child
    • #5
    • 13th Jan 19, 4:31 PM
    • #5
    • 13th Jan 19, 4:31 PM
    You try to sue them in court in Switzerland.


    Even if it was a UK based company, they'd probably have the right to decide which court in the UK.
    Last edited by societys child; 13-01-2019 at 4:34 PM.
    The EU
    A government who don't have a country, is that why they want ours?
    • bris
    • By bris 13th Jan 19, 4:42 PM
    • 8,330 Posts
    • 7,254 Thanks
    bris
    • #6
    • 13th Jan 19, 4:42 PM
    • #6
    • 13th Jan 19, 4:42 PM
    Even if you could sue them in the UK how do you enforce it?


    Simply put, you can't.
    • visidigi
    • By visidigi 13th Jan 19, 5:02 PM
    • 5,690 Posts
    • 3,561 Thanks
    visidigi
    • #7
    • 13th Jan 19, 5:02 PM
    • #7
    • 13th Jan 19, 5:02 PM
    yes it is viagogo
    Originally posted by lefeverela
    Good luck with that!
    • waamo
    • By waamo 13th Jan 19, 5:06 PM
    • 5,200 Posts
    • 6,769 Thanks
    waamo
    • #8
    • 13th Jan 19, 5:06 PM
    • #8
    • 13th Jan 19, 5:06 PM
    Here you go. https://e-justice.europa.eu/content_small_claims-42-en.do I don't know if Switzerland is in the scheme. If they aren't you will need to file a claim in Switzerland.

    Let us know how it progresses.
    This space for hire.
    • davidmcn
    • By davidmcn 13th Jan 19, 6:20 PM
    • 9,649 Posts
    • 10,337 Thanks
    davidmcn
    • #9
    • 13th Jan 19, 6:20 PM
    • #9
    • 13th Jan 19, 6:20 PM
    Here you go. https://e-justice.europa.eu/content_small_claims-42-en.do I don't know if Switzerland is in the scheme.
    Originally posted by waamo
    It isn't, as you'll see from the handy list of flags down the righthand column and the Swiss-shaped hole in the map. It's a scheme for EU member states.
    • waamo
    • By waamo 13th Jan 19, 6:21 PM
    • 5,200 Posts
    • 6,769 Thanks
    waamo
    It isn't, as you'll see from the handy list of flags down the righthand column and the Swiss-shaped hole in the map. It's a scheme for EU member states.
    Originally posted by davidmcn
    I guess that makes it a little bit more tricky then.
    This space for hire.
    • Gavin83
    • By Gavin83 13th Jan 19, 9:25 PM
    • 5,653 Posts
    • 9,569 Thanks
    Gavin83
    I know this isn't your question but I have to ask, what are you actually suing Viagogo for? What service should they have provided and what happened?
    • waamo
    • By waamo 13th Jan 19, 10:42 PM
    • 5,200 Posts
    • 6,769 Thanks
    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.
    This space for hire.
    • missile
    • By missile 13th Jan 19, 11:18 PM
    • 9,898 Posts
    • 5,002 Thanks
    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
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • pmduk
    • By pmduk 14th Jan 19, 11:11 AM
    • 9,778 Posts
    • 7,429 Thanks
    pmduk
    It's not coincidental that that's where Viagogo has chosen to be based.
    • steampowered
    • By steampowered 14th Jan 19, 6:25 PM
    • 3,013 Posts
    • 2,988 Thanks
    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
    • By Aylesbury Duck 14th Jan 19, 6:29 PM
    • 2,692 Posts
    • 3,568 Thanks
    Aylesbury Duck
    I'm still amazed that someone would hand £3,000 over to what is pretty indistinguishable from a tout.
    • DCFC79
    • By DCFC79 15th Jan 19, 1:45 PM
    • 33,335 Posts
    • 20,988 Thanks
    DCFC79
    I'm still amazed that someone would hand £3,000 over to what is pretty indistinguishable from a tout.
    Originally posted by Aylesbury Duck

    So am I.


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