CTS Eventim lodges appeal after court judgement

CTS Eventim has lodged an appeal after a German court ruled the pan-European giant breached the Digital Services Act with its methods of offering ticket insurance during the ordering process.

The Higher Regional Court of Bamberg partially upheld a lawsuit filed against the firm by German consumer organisation VZBV, which accused CTS of unduly pressuring customers into buying insurance.

According to the watchdog, ticket-buyers who clicked through to checkout without selecting the initial insurance option were taken to a pop-up window that recommended users purchase ticket insurance “to avoid the hassle and frustration of missing an event”.

Only after clicking the “I bear the full risk” button could tickets then be ordered without insurance.

“Taken together, this crossed the threshold for undue influence,” said the VZBV. “A scenario was created that created fear of a total loss of the purchase price and had a threatening effect.”

VZBV says the court has banned the ticketer from offering insurance to buyers in a “manipulative and misleading manner”.

“The judgement is directed solely against the specific wording currently used in the pop-up in the event of rejection of ticket insurance”

“Such design tricks, also known as dark patterns, are prohibited in the EU under the Digital Services Act,” adds Jana Brockfeld, legal advisor in VZBV’s legal enforcement team.

However, a CTS spokesperson stresses that the ruling is not final and confirms the company has launched an appeal.

“We would also like to point out that the judgement is directed solely against the specific wording currently used in the pop-up in the event of rejection of ticket insurance, but not against the use of a pop-up as a new request per se, or against its other design,” the spokesperson tells IQ.

The court rejected the watchdog’s request to prohibit CTS from offering insurance in the shopping cart for the first time, saying it is “readily apparent” the insurance is optional.

CTS last week confirmed record earnings for 2024.

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