Ballinno v Kinexon Sports & Media (CoA, 26 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 August 2024 (UPC_CoA_328/2024, APL_36389/2024, App_45255/2024), the Court of Appeal (Kalden, Simonsson, Rombach, Faget, Papa) ordered Ballinno, appellant against orders of the Hamburg Local Division dismissing its application for provisional measures on EP 1 944 067, to provide security of EUR 25,000 for the costs of Kinexon Sports & Media, Kinexon and UEFA. The order accepts a request for security made at the appeal stage.

Question

May a party ask the Court of Appeal for security for the costs of the appeal, where security had already been ordered at first instance?

Decision

Yes. Art. 69(4) UPCA, which also applies to provisional measures, is not confined to first instance (paragraphs 23 to 25). Rule 158 RoP allows a reasoned request at any time during proceedings, and its place in Part 1 of the Rules is not decisive (paragraphs 26 to 29). Under Rule 222.2(a) RoP, the request could not reasonably have been made before the division, which cannot know whether an appeal will follow, and the ceiling on recoverable costs applies per instance (paragraphs 30 to 34). Security does not impair access to justice (paragraph 35). As Ballinno did not explain its overall finances beyond a bank balance of EUR 101,907.64, a risk of non-recovery is established (paragraphs 36 to 38). Given the narrower scope of the appeal, security is set at EUR 25,000, to be provided within two weeks by deposit or bank guarantee, failing which a default decision may follow (paragraphs 40 to 42).

Key points for practice

• Practical point: a respondent may seek fresh security for the appeal, an appellant should be ready to document its overall financial position, as a bank statement alone is not enough.

Provisions applied

Agreement on a Unified Patent Court

Arts. 62, 69(4) and 73

Rules of Procedure

Rules 158, 220.2, 222.2 and 355

Administrative Committee decision on the scale of ceilings

Art. 1(3)

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.