It is a battle for consumer rights that is receiving very notable attention, and there is nothing strange about it: it affects some of the most widespread forms of leisure, cinema and concerts, and at stake is the right of customers to bring drinks and food into the venues. FACUA has been filing complaints against cinemas and event organizers for years and today we have a resolution that could set a precedent that changes everything.
What has happened? The Court of First Instance number 4 of Valencia has issued the first ruling in Spain declaring null and void the clauses of a festival that prohibited access to the venue with food and drinks purchased abroad. The judicial resolution affects the Madrid Salvaje festival, and considers these restrictions as abusive practices that violate consumer rights as reported by FACUAthe association that filed the lawsuit.
The ruling also annuls the charge of three euros as “management expenses” that the organization applied to attendees who wanted to recover the unconsumed balance on the bracelets. cashless. The court expressly prohibits the promoter to reiterate these practices in future events and thus establishes a precedent that could affect future editions of festivals in Spain.
Because. The sentence justify your decision in the impossibility of attendees doing without food during the long days that the festivals last. The magistrate emphasizes that requiring users to leave the premises to eat would mean missing part of the scheduled concerts, in addition to generating unnecessary inconvenience. The resolution concludes that this prohibition constitutes in practice a forced imposition of hospitality services that consumers have not requested.
That is, preventing entry with food from outside is equivalent to forcing the audience to purchase products exclusively in the festival’s internal establishments, which represents an “unjustified contractual imbalance.” The ruling emphasizes that the fundamental purpose of these events is to offer musical entertainment, with the restoration being a merely accessory element that should not condition the enjoyment of the main show.
Repeat offenders. This is not the first time that Madrid Salvaje AIE has faced sanctions for its trade policies. The Community of Madrid has already imposed a fine of 96,000 euros for irregularities committed during the 2023 edition of the Brava Madrid festival. That sanction responded to the imposition of the system cashless as the only form of payment within the premises, without the possibility of paying in cash. In addition, the organization established a period of only seven days to claim outstanding balances. FACUA maintains active complaints against the 2024 and 2025 editions of Brava Madrid.
Legal precedents: cinemas. The judicial argument of the case does not arise from nowhere, but is based on precedents established around the film sector. The Superior Court of Justice of Castilla-La Mancha established in a previous resolution that prohibiting the consumption of products according to their origin constitutes an irrational restriction of the consumer’s ability to choose. That ruling introduced the concept of “tied sales”, identifying how establishments use their dominant position to indirectly force the purchase of complementary services.
The report prepared in 2016 by the then Spanish Agency for Consumer Affairs, Food Safety and Nutrition (Aecosan, today Aesan) was especially forceful when analyzing these prohibitions in movie theaters, concluding that the viewer was unjustifiably deprived of the main service they had paid for (watching the movie) when they were unilaterally imposed on them to use accessory services that they never requested, with the sale of food and drink being a secondary activity, not the essence of the movie business.
The fines. These rulings regarding cinemas led to specific financial sanctions. The Basque Consumer Institute fined Yelmo Cines with 30,001 euros after a complaint from FACUA Euskadi for preventing access with external food. FACUA Galicia filed similar complaints against Cinesa in the Marineda City shopping center in A Coruña, while the Andalusian federation denounced five Yelmo establishments for repeating this policy after having been previously warned by the Junta de Andalucía in 2019.
Implications. This court ruling sets a precedent of enormous relevance for the music festival industry in Spain, being the first resolution that specifically addresses these practices in events of this type. The ruling opens the door to possible retrospective claims by attendees who were affected by similar policies in past editions of Madrid Salvaje or other festivals that have maintained similar restrictions. It is an unequivocal warning about the illegality of such measures.
The court decision significantly strengthens the position of consumer organizations, which have been fighting these trade policies for years. The court’s express order prohibiting Madrid Salvaje AIE from reiterating any of these clauses in future events also establishes a control mechanism that could be applied to other promoters. The cases pending resolution in courts regarding analogous situations—both in festivals and in other leisure spaces—now have a solid jurisprudential reference that will predictably influence the rulings.
From now on, consumers have the right to freely choose where to purchase their food, which takes precedence over the commercial interests of the organizing companies, which redefines the relationship that existed to date between promoters and the public.
Header | Colin Lloyd in Unsplash
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