Karlsruher SC v Viagogo (22 O 8/25)

1. CASE SUMMARY

A. Summary of facts

Viagogo facilitated the resale and advertising of tickets for Karlsruher SC home matches. Pursuant to Section 10.2 of the club’s General Terms and Conditions for Ticket Sales, tickets may only be used by the original purchaser for private, non‑commercial purposes. While private transfers to third parties are permitted subject to certain conditions, commercial resale and the allocation of special tickets are prohibited.

Viagogo failed to inform consumers adequately of the fact that, due to these resale restrictions and ticket personalisation, access to the stadium could be denied.

B. Legal analysis

The court held that a football club does not infringe the rules on abuse of dominance or the prohibition of abuse of economic dependence under the German Act against Restraints of Competition (‘ARC’) by prohibiting the onward sale of personalised tickets. Such a restriction is justified as it contributes to stadium safety and socially inclusive pricing.

Furthermore, the court found that the failure to clearly inform consumers about ticket personalisation and the associated risk of being denied entry constitutes the withholding of material information under Sections 5 and 5a of the German Unfair Competition Act. This omission constitutes a misinformation of the consumer.

2. QUOTES

"The personalisation of an event ticket does not violate the rules on dominance and economic dependence under Sections 19, 20 and 21 ARC as it contributes to safety in the stadium and socially inclusive pricing." (free translation)

3. RELEVANT LEGISLATION

• Sections 19, 20 and 21 ARC

4. PRACTICAL SIGNIFICANCE

This judgment confirms that a prohibition on the onward sale of personalised tickets by football clubs does not constitute an infringement of the rules on dominance or economic dependence under German competition law.