Main Details: Registry number App_23209/2024 Date 15 May, 2024 Parties Kinexon Sports & Media GmbH, Kinexon GmbH, Union des Associations Européennes de Football (UEFA) Order/Decision reference ORD_23557/2024 Type of action Generic application Language of Proceedings English Court - Division Court of First Instance - Hamburg (DE) Local Division English Headnotes: As Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures R. 158 RoP regarding security for costs of a party is applicable in PI proceedings as well. When deciding on the request to provide for a security, the insolvency risk of the plaintiff is the relevant factor, not the enforcement risk, especially when it comes to a claimant, who is domiciled within the EU. The adequate security has to be based on the amount of the legal costs and other expenses incurred and/or to be incurred, not any other financial harm. English Keywords: Request for security, Rule 158 RoP Back to Decisions and Orders
Main Details: Registry number App_23209/2024 Date 15 May, 2024 Parties Kinexon Sports & Media GmbH, Kinexon GmbH, Union des Associations Européennes de Football (UEFA) Order/Decision reference ORD_23557/2024 Type of action Generic application Language of Proceedings English Court - Division Court of First Instance - Hamburg (DE) Local Division English Headnotes: As Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures R. 158 RoP regarding security for costs of a party is applicable in PI proceedings as well. When deciding on the request to provide for a security, the insolvency risk of the plaintiff is the relevant factor, not the enforcement risk, especially when it comes to a claimant, who is domiciled within the EU. The adequate security has to be based on the amount of the legal costs and other expenses incurred and/or to be incurred, not any other financial harm. English Keywords: Request for security, Rule 158 RoP Back to Decisions and Orders