Facts
The plaintiff, a stamp auction house based in Zurich, sued the defendant, a stamp collector residing in Bath, England, for payment of CHF 333,141 plus interest. The parties had business relationships over many years, during which the defendant had entrusted stamps to the plaintiff for auction. The plaintiff paid the defendant advances or loans, which were then partially compensated by the auction proceeds.
Considerations
The Federal Supreme Court qualified the present dispute as a consumer dispute within the meaning of Art. 13 et seq. of the Lugano Convention. Although the defendant acted as a provider of stamps, he did so exclusively within the framework of his private activity as a stamp collector. The plaintiff had always used the defendant's private address and referred to him as a stamp collector, not a stamp dealer. Furthermore, there was a connection between service and loan contracts, which also fall under the concept of a consumer contract.
Since the other requirements of Art. 13 para. 1 no.…