Jurisdiction(s):
European Union

CJEU on Article 16(l) EU Consumer Rights Directive: no withdrawal right for cultural or sporting events on specific dates, including tickets purchased via intermediaries (DM v CTS Eventim)

Published on: 11 April 2022

Published by a LexisNexis EU Law expert

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Article summary

DM v CTS Eventim AG & Co KGaA Case C‑96/21

What are the practical implications of this case?

The ruling makes clear that customers lack a withdrawal right from agreements for cultural or sporting events fixed for a specific date where attendance is limited, irrespective of whether they reserved directly or through a middleman. Note too that Directive 2011/83/EU (the EU CRD) is being amended by Directive (EU) 2019/2161, the EU Omnibus Directive, which applies from 28 May 2022; the European Commission has therefore revised its guidance, and that guidance aligns with this outcome. That guidance mirrors the decision and reinforces that approach for such events in the Commission's materials. Although an EU judgment, it remains pertinent to UK businesses, as UK courts may have regard to EU case law, and UK companies sell to consumers across the EEA.

What was the background?

The dispute arose from a gig cancelled following measures introduced by the German authorities during the coronavirus (COVID-19) outbreak. A buyer who had ordered tickets for that show online from a ticketing service provider (CTS Eventim) was unhappy with the voucher subsequently sent to her by CTS Eventim, which had been issued by the event organiser...

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