ORD 60967/2024

Order of the Court of Appeal in an appeal by Ballinno B.V. against an order for security for costs arising from provisional measures proceedings concerning EP 1 944 067 against UEFA, Kinexon Sports & Media GmbH, and Kinexon GmbH. Ballinno had withdrawn its requests for provisional measures because the UEFA Champions League final was over. The Court held that Ballinno must bear the costs of the proceedings as the losing party, since the action became devoid of purpose following its own withdrawal of main requests. The Court held that a party must accept the inherent risk in basing urgency on a single time-limited event.