2025-08-14 - LD Hamburg - Ballinno v. Kinexon Sports Media et al. - UPC_CFI_151/2024
- Aktenzeichen:
- UPC_CFI_151/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Order
- Parteien:
- Ballinno v. UEFA, Kinexon
Kernaussage: 1.
2025-08-14 - LD Hamburg - Ballinno
v.
Kinexon Sports Media et al. - UPC_CFI_151/2024
1. A security provided by means of an R. 158 RoP order serves the purpose, as laid out in Art. 69.4 UPCA, to provide adequate security for the legal costs and other expenses incurred by the defendant, which the applicant may be liable to bear.
2. The Rules of Procedure do not provide any specific mechanism what happens to a security once the proceedings have come to an end. However, it is clear that at that point the beneficiary of a security deposit can request its release.
3. The parties can use the security provided under R. 158 RoP as means to settle a pending application to cost decision, R. 150 RoP, in analogy to R. 265 RoP.
The Hamburg Local Division, represented by the JR, issued this order on a release of a security for legal costs to the Defendant and concluding cost proceedings. The Court clarified that there were no clear rules on what happened to a security once proceedings were concluded and a release for the Defendant's benefit to settle a pending cost application was possible if the parties were in agreement.
Stichwörter
Release of security for costs, R. 158 RoP; Application for cost decision, R. 150 RoP; Mutual agreement of the parties, R. 265 RoP.