Viagogo said it is considering bringing last week’s ruling by France’s Constitutional Council on whether the country’s anti-secondary ticketing law was constitutional to the European courts.
On Monday, the controversial ticketing resale firm’s challenge against France’s touting ban was rejected by the Constitutional Council, which works to maintain the constitutionality of legislation.
The Council rejected Viagogo’s claim disputing the legality of French legislation that prohibits unauthorised ticket touting.
Currently, France can hand out fines of up to €30,000 for touting at events in which there is no permission from the event organiser or rightsholder.
Since the ruling, Viagogo has released a statement, according to Complete Music Update, stating that it “notes” last week’s ruling and is now “considering all the options available … including bringing an action before the European Court Of Justice”.
The secondary ticketing firm argues that the ban “infringes the freedom of trade, challenges the right of ownership which grants everyone the freedom to use their property as they see fit, and consequently grants a de facto monopoly to event organisers”.
The statement continues: “France is one of the few countries in the world to have chosen a ban on reselling tickets without the agreement of the organiser of a show or sporting event”. Although it opposes such laws, the company then says that it does support measures that will “make resale operations more transparent”.
More countries are beginning to look at regulation of the resale market, including putting a statutory cap on resale prices; forcing the secondary market to be more transparent about who is selling a ticket and the risks associated with buying from unofficial sellers; or a complete ban, like in France.