Germany’s new promoters’ association the Federal Association of Concert and Event Management (BDKV) has secured a win in its lawsuit against resale platform Ticketbande.

The regional court of Hanover ruled that the secondary ticketing site is no longer allowed to list tickets for resale where the promoter’s terms and conditions prohibit it.

The January 21 ruling also found that any mark up above 25 per cent of the face value is anti-competitive behaviour, while the court also enforced the company to begin placing buyer names on their tickets.

In November 2018, Germany’s live event promoters the Federal Association of the Event Industry (BDV) and Association of Concert Management (VDKD) moved to merge organisations to create the joint venture BDKV. It has since launched it initiative Nein zum Ticketschwarzmarkt (No to the Ticket Black Market), in which it is hoping to secure a price cap of 25 per cent above face value for secondary market tickets.

“The verdict finally eliminates a crucial grey area in ticket sales,” said Johannes Ulbricht, BDKV’s lawyer. “It brings event organisers a great step further in the fight against the commercial secondary market ticketing trade.”

In addition, the court overruled Ticketbande’s complaints that a partial resale ban would not bring an end to unauthorised ticket touting, according to BDKV.

Ulbricht added: “It is also crucial that the secondary market ticket platform is fully liable in the event of a breach of the resale prohibition, and cannot claim a fault on the seller’s part.”

Ticketbande is one of four main secondary ticketing sites in Germany, along with StubHub, Viagogo and Eventim’s price-capped fanSALE platform, according to the International Ticketing Yearbook 2018.

Image: anna m. w