.eu domain name disputes/ADR

EURid offers an alternative procedure for solving disputes about .eu domain names. It is called an ADR (Alternative Dispute Resolution Policy). It is an alternative to a normal court procedure.

The ADR is facilitated by the Prague-based Arbitration Court in the Czech Republic. It administers ADR Proceedings in line with the Public Policy Rules for .eu of the European Commission (EC Regulation 874/2004).

On the website of the Czech arbitration Court (www.adr.eu ) you will find the ADR rules, fees and all other relevant information.

ADR proceedings will be carried out in the language selected by the holder of the disputed domain name. For disputes against EURid the language will be English.

 

What is a valid ground for an ADR?

Article 21 of the Public Policy Rules (EC reg. 874/2004 ), which deals with speculative and abusive registration, begins with the following text:

 “1. A registered domain name shall be subject to revocation,
using an appropriate extra-judicial or judicial procedure, where
that name is identical or confusingly similar to a name in
respect of which a right is recognised or established by national
and/or Community law, such as the rights mentioned in Article
10(1), and where it:

(a) has been registered by its holder without rights or legitimate
interest in the name; or
(b) has been registered or is being used in bad faith.”

Article 22 says that it also is possible to use ADR against a decision of the Registry (EURid) which conflicts with the EC regulations 733/2002 or 874/2004.

This gives a good idea of what ADR is about. For more detailed information see the Public Policy Rules and the special .eu web site of the Czech Arbitration Court (www.adr.eu ).

Note that it is possible to file an ADR against the holder of a domain name applied for during Sunrise even before the domain name is activated, i.e. after it is accepted and before it is activated. Such an ADR will be initiated as soon as the domain name is activated.
During an ADR it is not possible to transfer a domain name but it is in use.

 

Decided ADR disputes 

(published on the web site of the Czech arbitration court).

 

More on the ADR procedure

The Czech Arbitration Court is able to administer .eu ADR Proceedings in all official EU languages; however ADR proceedings against EURid must be in English and filed within 40 days of a Sunrise related decision. Questions to the Czech Arbitration Court not related directly to a particular ADR process should also be in English.

There is an on-line platform for filing and administering ADRs which contains a number of explanations and other clarifications intended to help its users. The Czech Arbitration Court also publishes a FAQ (Frequently Asked Questions) with useful information in regard to the on-line platform and ADR procedures.

Please note: There is no time limit for filing complaints against domain name holders.

 

Fees

There is a fee for initiating an ADR charged by the Czech Arbitration Court. See the section "Fees " on their website.  

 

The Receipt of a Complaint

The Czech Arbitration Court requires that complainants submit their complaints in both a hardcopy and electronic format. Complaints can be submitted electronically using the ADR online platform found on the Court’s website, www.adr.eu. And hardcopies of the complaint should be mailed to the postal address of the Court or sent via fax. If, when trying to file their complaint electronically, complainants encounter technical problems that render the on-line platform inoperable, the Czech Arbitration Court will (and only in such duly-justified instances) accept documents filed by an e-mail sent to the following e-mail address: \n This email address is being protected from spambots. You need JavaScript enabled to view it. . In this case, the Czech Arbitration Court will then acknowledge receiving the Complaint through a Non-Standard Communication Form once the online platform becomes operable again. The party who filed documents in this manner must then also re-file those documents electronically once the on-line platform is back in use.

For more information about ADR proceedings, see the website of the Czech Arbitration Court.