TGI Sport Suomi v AIM Sport Development (CoA, 11 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 11 April 2025 (UPC_CoA_169/2025), the Court of Appeal dismisses the appeal by the TGI group companies (formerly Supponor) against the Helsinki Local Division’s orders of 11 and 19 February 2025. Following the Court of Appeal’s referral of the case back on 12 November 2024, those orders allowed AIM Sport Development to amend its infringement claim (Rule 263), to join TGI Sport Virtual UK as a defendant (Rule 305), to extend its claims to Germany and Spain and to rely on equivalence and intermediary liability. The order confirms the wide discretion of the first instance on amending claims and adding parties.

Question

Was the Local Division entitled to allow these amendments and the joinder of a new defendant under Rules 263 and 305?

Decision

The appeal is admissible, since TGI is affected by the claim for joint liability (paragraph 9). The first instance has discretion, which TGI has not shown to have been exceeded (paragraph 11). On adding a party, relevant factors include whether the claimant knew of the acts earlier, the involvement of the other parties and the stage of proceedings, with a lower burden of presentation and proof (paragraph 14), the Local Division properly balanced the interests and procedural efficiency (paragraph 16). Extending the claim to Spain was justified by the anticipated change in CJEU case law signalled by Advocate General Emiliou’s opinions (paragraph 23). Not every new argument is a change of claim (paragraph 26), and since the case in essence restarted, the defendants’ rights are preserved (paragraph 28). Costs are left to the Local Division (paragraph 31).

Key points for practice

• After a referral back, amendments and the joinder of a group company as defendant are readily allowed, as the case starts afresh (paragraphs 14 to 17 and 28).
• An anticipated change in CJEU case law may justify a late extension of the claim to a further territory (paragraph 23).

Provisions applied

Rules of Procedure

Rules 263 and 305

Case law cited

Court of Appeal, 12 November 2024, AIM Sport Development v Supponor (UPC_CoA_489/2023), Court of Appeal, 21 November 2024 (UPC_CoA_456/2024).

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.