The UPC recently rejected a PI application by Ballinno against the Union of European Football Associations for the use of VAR technology at the European Championship in Germany.
Following the recent vote by the Premier League clubs on the use of VAR in the 2024-25 season, VAR has continued to be in the limelight. Whilst it was frustration at alleged errors that questioned VAR’s use in the Premier League, it was a matter of patent infringement that threatened to prevent VAR, or at least an aspect of it, from taking part in Euro 2024.
In April this year, Ballinno, a Dutch non-practicing entity, launched a patent infringement claim against UEFA over their proposed use of VAR technology in relation to the EURO 2024 tournament which kicked off on 14 June.
The patent in question, EP1944067, relates to a method and system for detecting an offside situation. The patent claims a method in which the instant a ball is kicked is detected by sensing a sound signal produced by the ball and generating an observable signal for the referee. The system is designed to reduce the ambiguity surrounding the exact moment that a player has made a pass, and thus the moment that the offside rule must be assessed.
Ballinno’s claim was brought at the UPC, and a request was made for preliminary measures to ensure that an infringing technology could not be used at the international tournament. In a decision from the Hamburg Local Division of the UPC, the request for a preliminary injunction was rejected. Whilst a formal written decision is yet to be published, the judges appeared to be sceptical about whether EP’067 was infringed and were not persuaded that Ballinno had acted with sufficient urgency to qualify for preliminary measures.
In addition to their doubt regarding the facts of the case, the judges were concerned whether Ballinno would be able to pay costs. In an order dated 14 May 2024, Ballinno were ordered to provide security for UEFA’s legal costs up to a value of EUR 56,000.
This decision from the UPC to refuse a preliminary injunction means that UEFA may continue with their plans to use VAR at Euro 2024. Whilst this decision may not be music to the ears of more traditional football fans, it is pleasing to see the speed at which the UPC can deal with decisions on preliminary measures.