Ballinno v Kinexon (CoA, 26 June 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 June 2025, the Court of Appeal (Kalden, Simonsson, Rombach, Faget, Papa) disposed of Ballinno’s appeal in its provisional measures dispute with Kinexon and UEFA on EP 1 944 067 (UPC_CoA_328/2024). It upheld the EUR 56,000 security for costs ordered by the Hamburg Local Division, confirmed that Ballinno must bear the first instance costs and ordered it to bear the costs of the appeal, setting the value of the appeal at EUR 100,000.

Question

Ballinno having abandoned its injunction requests on appeal, should the security for costs be released, and who bears the costs at both instances?

Decision

The security stands: Ballinno’s bank statements did not show that it could cover both its own and the respondents’ costs, security does not unduly restrict access to justice, and SME status makes no difference (paragraphs 12 to 16). The action is disposed of under Rule 360 (paragraphs 18 and 19). A party that withdraws its requests bears the risk of its strategy and is the unsuccessful party, save for a manifest error in the impugned order, without any review of the merits (paragraphs 20 to 28). The value of the appeal is reduced to EUR 100,000 because the injunction requests were withdrawn. The EUR 56,000 ceiling limits representation costs only (paragraphs 29 to 36).

Key points for practice

• Practical point: abandoning provisional measures requests on appeal exposes the applicant to costs at both instances, security already provided stays in place unless solvency is shown.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1) and (2)

Rules of Procedure

Rules 151, 152, 158, 222, 360 and 370.6

Case law cited

Stäubli Tec-Systems, 26 March 2025, Meril v Edwards (Court of Appeal, date not stated), CJEU, 22 December 2010, DEB, C-279/09, CJEU, 7 April 2011, Francesco Guarnieri & Cie, C-291/09

Related decisions

• Union des Associations Européennes de Football v Ballinno, 3 June 2024, dismissal of the provisional measures at first instance.
• Kinexon Sports & Media, 26 August 2024, Court of Appeal order referred to in paragraph 12.
• Ballinno v UEFA, 12 May 2025, finding that the action had become devoid of purpose.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.