2024-07-12 - CoA - Ballinno v. Kinexon Sports Media et al. - UPC_CoA_328/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: Ballinno applied for provisional measures before the Hamburg LD (UPC_CFI_151/2024). On 3 June 2024 the LD held an oral hearing and uploaded a 'Final order without grounds' dismissing the PI application under R.210.3 / R.118.7 RoP, stating reasons would follow in writing. Ballinno appealed on 18 June 2024 with provisional grounds, and requested extensions of the time for its further Statement of grounds of appeal and for the appeal fee until 15 days after service of the reasoned order, plus leave to amend its case on appeal upon service of the reasons. The judge-rapporteur on 21 June 2024 raised the question whether the RoP permit a written order without reasons and when the R.220 / R.224 / R.226 RoP time periods start to run. Both parties agreed the time periods for Statement of appeal (including grounds) only start on service of the reasoned order. The LD uploaded the reasoned order on 3 July 2024, indicating a 15-day appeal window. Ballinno maintained its extension requests to 19 July 2024, citing the difficulty of filing grounds without knowing whether leave to amend is granted. The CoA (Second Panel, Simonsson rapporteur) denies the extension. The Statement of appeal with provisional grounds of 18 June 2024 is treated as the Statement of appeal only; the 15-day R.224.2(b) RoP statement-of-grounds deadline runs from service of the reasoned order; a Statement of grounds can be uploaded in the workflow of the existing appeal proceedings. Ballinno's own initial requests accepted that the grounds period would at any rate begin with service of the reasoned order. Uncertainty about the CMS workflow is not a ground for extension. Order sent by email to representatives for technical reasons, to be uploaded to CMS later.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CoA_328/2024