According to a judgment of the European Court of Justice, anyone who buys tickets for cultural or sporting events must take into account the fact that they cannot revoke the purchase contract. On Thursday, judges at the EU’s highest court pointed to exceptions to an EU directive aimed at protecting concert organizers from not getting rid of available seats when they are revoked.
This exception to the right of withdrawal also applies if the tickets were purchased through intermediaries (Case C-96/21). It is therefore crucial that the economic risk also falls on the organizer if a ticket broker is involved. “I can’t imagine a constellation where this is not the case,” said Iwona Husemann of the North Rhine-Westphalia consumer center, in view of this condition.
After all, it is the promoter who usually books the salon, hires the artist and, ultimately, collects most of the revenue. Consequently, the ECJ ruling does not change anything in the previous situation.
The background is a legal dispute between a German and the ticket broker CTS Eventim. In November 2019, the consumer ordered tickets to a concert by Peter Maffay & Band in Braunschweig. As the show was canceled due to the corona pandemic, he received a voucher for the purchase price. However, he demanded that CTS Eventim return the money and additional costs.
The Bremen District Court therefore appealed to the ECJ with the question of whether exceptions to the EU’s right of withdrawal also apply in a case where an intermediary and not the organizer sold the tickets. Thus, revocation is excluded, among other things, if a service related to leisure activities is provided and a specific date for this is provided.
These rules aim to reduce the risk for organizers of cultural and sporting events, for example. Typically, EU consumers have a two-week right of withdrawal without giving reasons if they purchased products online or over the phone. If you are not properly informed about your right of withdrawal, this period may be extended. The Bremen district court must now rule on the specific legal dispute. (pa/dpa)