2025-06-26 - CoA - Ballinno v. Kinexon Sports Media et al. - UPC_CoA_328/2024
- Aktenzeichen:
- UPC_CoA_328/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Appeal Decision
- Parteien:
- Ballinno B.V. v. Kinexon GmbH, Kinexon Sports & Media GmbH, Union des Associations Européennes de Football (UEFA)
Kernaussage: - Where an applicant for provisional measures has withdrawn its requests for provisional measures (injunctions, seizure of goods and penalties) on appeal, the action has become devoid of purpose so that there is no longer any need to adjudicate on it.
2025-06-26 - CoA - Ballinno
v.
Kinexon Sports Media et al. - UPC_CoA_328/2024
- Where an applicant for provisional measures has withdrawn its requests for provisional measures (injunctions, seizure of goods and penalties) on appeal, the action has become devoid of purpose so that there is no longer any need to adjudicate on it. The Court of Appeal may dispose of the action pursuant to R. 360 RoP.
- It has not been considered necessary to examine the merits of the case in order to determine which party is the successful party. The applicant has been considered the unsuccessful party at both instances.
The Court of Appeal dismissed the Appeal against the order for a security of costs and the rejection of an application for provisional measures. The application for provisional measures had been withdrawn on appeal and the Court of Appeal had dismissed the case by way of a no need to adjucate-order (Rule 360). The Court of Appeal then found that the Applicant was the underlying party without having to assess the merits of the case and consequently rejected the application to release the security for costs as the Applicant had to reimburse the Respondent.
Stichwörter
cost decision, Disposal of an action that has become devoid of purpose, Disposal of an action that has become devoid of purpose