Success for the Ochsenbraterei: On Friday, the district court Munich I banned an agency from offering table reservations for the Oktoberfest tent on the Internet.
The agency had charged horrendous prices for Wiesn reservations.
"We are pleased that the dish followed our argument," says Maria Pinzger, spokeswoman for Haberl Gastronomy, which runs several restaurants in addition to the Ochsenbraterei in Munich.
At the Ochsenbraterei a table for ten people at Wiesn 2020 (which was then canceled due to Corona) would have cost a maximum of 400 euros due to the minimum consumption - the offer of the event agency was between 1990 euros and 3299 euros.
The agency operates the website tischreservierung-oktoberfest.de.
Court: The portal's offer is "misleading"
The chamber, which specializes in competition matters, assessed the portal's offer as “misleading” because there was no legally valid right to a reservation.
Because the beer tent operators prohibit the sale of reservations to commercial providers in their terms and conditions.
This ban is effective.
The Ochsenbraterei would not have had to accept such reservations bought on the Internet for a lot of money.
Judgment could set a precedent
In contrast, with reference to a decision by the Federal Court of Justice in 2008 on the ticket provider Bundesligakarten.de, the event agency argued that the reservations are a "marketable asset" and that resale should not be prohibited.
The court did not call the reservations comparable to football tickets.
In addition, the LG Munich I had meanwhile found in two further judgments (one is already legally binding) that trading in personalized tickets for Bundesliga games could also be prevented.
At that time, FC Bayern had sued.
Seen in this way, the judgment is not a precedent for the secondary ticket market.
“There has already been a decision on this,” says Anne-Kristin Fricke, spokeswoman at the Munich Regional Court.
"But one can say that it could create a certain precedent for similar cases."
The verdict is not yet legally binding.
The agency can appeal.
