Ballinno v UEFA (CFI, 17 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 17 September 2024 (UPC_CFI_151/2024, ACT_16267/2024, ORD_40128/2024 and ORD_52214/2024), the judge-rapporteur of the Hamburg Local Division (S. Schilling) granted, in redacted form, the request by the firm Powell Gilbert LLP for access to the pleadings and evidence in the provisional measures proceedings between Ballinno B.V. and UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH concerning EP 1 944 067, and classified the passages highlighted in grey as strictly confidential vis-à-vis the public. The order allows access despite a pending appeal, while protecting the defendants’ technical data.

Question

May a third party obtain access to the pleadings in provisional measures proceedings in order to understand one of the UPC’s first orders in that field, while an appeal is pending?

Decision

A request under Rule 262.1(b) must rest on a credible explanation (paragraph 2). Understanding the order of 3 June 2024, one of the UPC’s first provisional measures decisions, and scrutinising how the court handled the case is a legitimate interest (paragraph 2(a)). A pending appeal does not in principle bar access (paragraph 2(b)). That interest is weighed against those protected by Art. 45 UPCA: it extends to the arguments, not to technical data or internal company information (paragraph 2(c)). A party may seek confidentiality under Rule 262.2 at any stage (paragraph 2(aa)), expert findings on how the sensors and devices work are protected, the redacted versions being enough to follow the arguments (paragraph 2(bb)).

Key points for practice

• Practical point: an interest in understanding a leading decision justifies access to the pleadings, even on appeal, and the party concerned must then secure redaction of its technical information under Rule 262.2.

Provisions applied

Agreement on a Unified Patent Court

Art. 10 and 45

Rules of Procedure

Rules 262.1, 262.2, 262.3 and 262.4

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.