Facts
The Swiss Confederation (Plaintiff) had filed a lawsuit against [A. AG] (Defendant) and accused it of violating various provisions of the Federal Act against Unfair Competition (UCA) and the Ordinance on Price Disclosure (OPD) through its online ticket exchange. The Plaintiff based its claims primarily on customer complaints received from Switzerland and abroad.
The Commercial Court of the Canton of Zurich dismissed the lawsuit on the merits. It concluded that the Plaintiff had not demonstrated a violation of the UCA or its own legal standing for the individual legal claims.
The Plaintiff appealed the judgment in civil matters to the Federal Supreme Court. The Federal Supreme Court largely dismissed the appeal.
Considerations
The Federal Supreme Court stated that the lower court had rightly considered some of the Plaintiff's legal claims to be too vague. For example, the formulations "in the language selected by the user" and "worldwide" were too imprecise. The legal claim regarding tickets not yet available in the market was also too vague.
Regarding the Plaintiff's legal standing under Art. 10 para. 3 UCA, the Federal Supreme Court concluded that the lower court had not misinterpreted the legal requirements. The Plaintiff had not been…