CV220-CV221 - ICA: investigations closed against the Brescia and Lecce football teams for unfair clauses in season ticket contracts
The football clubs have modified their contractual conditions, however Lecce’s clauses excluding reimbursement in the event of supervening impossibility of providing the service are still considered unfair
On 15 December 2020, Autorità Garante della Concorrenza e del Mercato closed two investigations regarding unfair contract clauses in the general season ticket terms and conditions of the football clubs Brescia Calcio S.p.A. and Unione Sportiva Lecce S.p.A., which played in the Serie A football championship in the 2019/2020 football season.
The Authority established the unfair nature of the clauses which (i) do not recognise the right of consumers to obtain reimbursement of part of their season ticket if the stadium or part of the stadium is closed; (ii) do not recognise the right of consumers to be compensated for damages if these events are directly attributable to the football club and (iii) give the professional the power to unilaterally modify the contractual conditions and do not comply with the rules establishing jurisdiction over consumer contracts.
Brescia Calcio S.p.A. has drafted new contractual clauses to resolve their disputed unfair nature. The amended clauses will enter into force when season tickets can be put on sale again.
Unione Sportiva Lecce S.p.A. has drafted new clauses to resolve their disputed unfair nature, only with regard to the unilateral changes to the contract and the jurisdiction over consumer contracts. However, clauses excluding the reimbursement of part of the season ticket in the event of supervening impossibility of providing the service are still considered unfair.
The Antitrust Authority has ordered each club to publish an extract of the decision on the homepage of its website for 30 consecutive days.
Rome, 4 January 2021