UPC CoA 328/2024

The Court of Appeal granted the release and transfer of a security deposit of EUR 25,000 (provided by Ballinno for Kinexon's legal costs in the appeal proceedings) following a settlement agreement between the parties. The appeal had been adjudicated on 26 June 2025 and thereafter the parties entered into a settlement. The security was ordered to be transferred to Kinexon Sports GmbH.

Court of Appeal (26 June 2025) rejected Ballinno's appeal against (1) the security for costs order of EUR 56,000, and (2) the CFI's cost order. As Ballinno had withdrawn its requests for provisional measures on appeal, the action was declared devoid of purpose and disposed of under R. 360 RoP. Ballinno was ordered to bear the Kinexon companies' and UEFA's legal costs for the appeal proceedings. Value of dispute set at EUR 100,000.

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 Ballinno had withdrawn its requests for provisional measures because the UEFA Champions League final was over.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.

The Court of Appeal ordered Ballinno B.V. to provide security for legal costs in favour of the Kinexon companies and UEFA in the appeal proceedings, finding that Ballinno's limited liquid assets gave rise to a legitimate concern that a cost order would not be recoverable; the security was set at a reduced amount.