Is the secondary ticket retailer Viagogo allowed to resell FC Bayern tickets? The Munich I Regional Court has been dealing with this question since Wednesday. Specifically, it concerns ticket sales for several games in the 2021/22 season. The court had already issued a default judgment in March 2023 against the ticket exchange, which filed an objection. The verdict is due to come in July.
The football record champions accuse Viagogo of acting as a retailer and purchasing tickets for games from first-time buyers and then reselling them at a higher price. This is not allowed according to the football club’s general terms and conditions. Fans who bought tickets through such secondary retailers could be refused entry. However, Viagogo did not inform them about this, according to an accusation from the football club. In addition, the provider sometimes sells tickets before the official pre-sale. FC Bayern found this to be anti-competitive.
Viagogo denies the allegations and argues, among other things, that tickets were distributed in advance through sponsorship contracts or high-ranking club members, which is why it cannot be ruled out that there were already tickets available beforehand. In addition, the stock exchange’s terms and conditions would exclude such so-called short sales. The representative did not comment on Wednesday to the German Press Agency.
According to FC Bayern, in addition to security in the stadium, it is also about prices. It is important for the club to maintain the social pricing structure that it has established, said Josias Schreyer, lawyer at the law firm Lentze Stopper, which represents the football club’s interests in this case. “It’s about fans from all walks of life being able to go to the stadium and watch the games.” FC Bayern Munich has already led and won several lawsuits in connection with secondary ticket retailers.
In 2022, FC Bayern lost a case against Viagogo at the Higher Regional Court (OLG). The Munich regional court initially convicted the secondary ticket retailer in 2020 after FC Bayern accused the platform of selling tickets on an unauthorized secondary market. Viagogo appealed, whereupon the Higher Regional Court overturned the judgment and dismissed the lawsuit.