Ballinno v Kinexon Sports & Media (CoA, 12 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 12 July 2024 (UPC_CoA_328/2024), the Court of Appeal (R. Kalden, presiding, I. Simonsson, rapporteur, P. Rombach) refused Ballinno an extension of the time limit for lodging the statement of grounds of its appeal against the Hamburg Local Division’s order of 3 June 2024 (UPC_CFI_151/2024), which had dismissed without reasons its application for provisional measures against Kinexon Sports & Media, UEFA and Kinexon (EP 1 944 067). The order clarifies how appeal time limits fit together where the first-instance decision is first issued without reasons.

Question

Can an appellant against a provisional measures order issued without reasons obtain, under Rules 9.3(a) and 224.2(b) RoP, an extension of the 15-day period for lodging its grounds of appeal?

Decision

No. As the decision of 3 June 2024 contained no reasons, the filing of 18 June 2024 counts only as a statement of appeal. The 15-day period for the statement of grounds runs from service of the reasoned decision (Rule 224.2(b) RoP), as Ballinno itself accepts. The grounds can be lodged in the appeal proceedings already pending. Uncertainty over the form of filing, a new appeal or a final statement of grounds in the existing case, does not justify an extension.

Key points for practice

• Practical point: where a decision is issued without reasons, the appellant must lodge its grounds within 15 days of service of the reasoned decision, in the appeal already pending, without waiting for an extension.

Provisions applied

Agreement on a Unified Patent Court

Arts. 62 and 73

Rules of Procedure

Rules 9.3(a), 118.7, 210.3, 210.4, 220, 222, 224 and 226

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.