The French Football Federation is an association holding a public service delegation to organize the practice of French football. Ticketbis SL ( a company governed by Spanish law, operates the site through which it connects resellers and potential buyers of tickets giving access to sporting or cultural events, in particular tickets for football matches of the French team taking place in France. The FFF accuses the company of contravening the provisions of article 313-6-2 of the penal code and article 4.4 of the general conditions for the acquisition and use of tickets for matches organized by the FFF in France entitled "restrictions on use.
On two occasions it sent formal notice to withdraw from its website the sale of match tickets that it organised, in particular the France/Bulgaria match, then the France/Sweden and France/Côte d'Azur matches. 'Ivory. By letter dated October 27, 2016, Ticketbis informed the FFF that it had removed the events concerned from its Buy Bulk SMS Service site. However, the FFF notes that Ticketbis continues to offer tickets on its site for the France/Netherlands and France/Luxembourg matches on August 31 and September 3, 2017, and for the France/Belarus match on October 10, 2017. The FFF therefore assigns the Ticketbis company liability, as site editor, so that it is awarded damages and that various measures are ordered.
Host The debates revolve around the quality of Ticketbis: publisher of the site and responsible in this capacity, or host benefiting from the reduced liability regime? The Court of Appeal decides: it rejects the action for damages against Ticketbis based on Article 1240 of the Civil Code on the grounds that the defendant company is a host. It considers that the user of the site alone provides the information concerning the ticket he wishes to put on sale, sets the price and that Ticketbis is content to store the offers for sale on its server, the user also having responsibility for the transmission of the ticket to the purchaser.
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