Promoters’ association BDKV has secured a legal judgement to prevent secondary ticketing website Ticketbande selling tickets, when it is prohibited.
The BDKV (Federal Association of the Concert and Event Industry, in English) received assurances from the Hanover Regional Court on 21 January that it backs the position that resales of tickets at a mark-up of more than 25 per cent is “anti-competitive”.
The ruling applies to cases where tickets have terms and conditions that prohibit resale.
Attorney Dr Johannes Ulbricht, from the law firm Michow und Ulbricht, who led the proceedings for BDKV, which it also manages, says, “The verdict finally eliminates a crucial grey area in ticket sales.
“It brings the organisers a great step further in the fight against the commercial secondary market ticketing trade.”
He says that it is important that touts are held responsible, rather than trying to blame the buyer.
“It is also crucial that the secondary platform is fully liable in the event of a breach of the resale prohibition and cannot claim a fault on the seller’s part,” Ulbricht adds.
“The Court examined the anti-trust arguments and the submissions of the other side extremely carefully and has delivered a very satisfactory verdict.”
Meanwhile a district court, also in Hamburg, has prevented promoter FKP Scorpio an injunction to prevent Viagogo selling tickets for its upcoming Ed Sheeran dates.
The Switzerland-based resale platform is prevented from reselling tickets for four Sheeran concerts – in Hockenheim on 22 and 23 June and Hanover on 2 and 3 August.
The ruling follows a similar ruling preventing Viagogo selling Rammstein tickets for their European stadium tour (see Audience issue 226), brought by MCT Agentur.