Civil action filed by SECO against Viagogo rejected
Bern, 29.01.2021 - On 21 September 2017 SECO filed a civil action in the Commercial Court of the Canton of Zurich against the online ticket reseller Viagogo. On 11 March 2020 the Zurich Commercial Court rejected SECO’s claim. An appeal lodged by SECO against the decision has been rejected in the last instance by the Federal Supreme Court in a judgment dated 1 December 2020.
The Federal Supreme Court reasoned that users are able to recognise that Viagogo is an online reselling platform for event tickets. The platform does not give the impression of being a first vendor or official ticket platform.
The court considered that users are able to distinguish paid Google adverts from other search results. In running a search on Google, they do not expect the official first vendor of tickets for events to be listed above the online reselling platform Viagogo. The information on the type of offerings available on the reselling platform are sufficiently clear and not ambiguous, contrary to what SECO claimed.
With regard to ticket sales, the court did not regard the prices advertised on the platform as misleading.
Furthermore, Viagogo was not considered to be using particularly aggressive sales methods by displaying statements such as ‘Only a few tickets left’ and by using a countdown indicating time remaining.
SECO does not comment on court rulings and acknowledges the judgment of the Federal Supreme Court. As this is a final judgment, it is not possible for SECO to seek further measures.
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