.EU Domain Dispute Policy Europe FAQ - Someone registered a domain name that I want. What do I do?
- If you think that a domain name has been wrongfully registered by someone else, you can challenge the registration. This can be done either through any conventional court in the European Union or by making use of the .eu Alternative Dispute Resolution (ADR) procedure. EURid cannot assist in any domain name dispute. The ADR procedure for .eu is handled by the independent Czech Arbitration Court, which is based in Prague, in the Czech Republic. ADRs are conducted online with all correspondence between the parties involved occurring via email. Complaints can be filed in any language officially recognised in the EU and are decided upon by a group of panellists, consisting of intellectual property experts situated throughout Europe. All rulings are legally binding, unless the losing party chooses to appeal the decision through a conventional court of law. For more information on how to file an ADR click here or visit the court's official website, www.adr.eu.
- Can EURid help with my dispute?
- No. We can only answer questions related to .eu domain names and the .eu registry. We cannot help you file an ADR (Alternative Dispute Resolution) case or other legal action. Nor can we answer questions about a case that has been filed. ADRs are handled by the independent Czech Arbitration Court.
- What is an ADR? How do I file one?
- ADR stands for Alternative Dispute Resolution. An ADR is a procedure that was put in place to help resolve .eu disputes. Any conventional court of law within the European Union can also be used to challenge a .eu domain name registration, but an ADR procedure is intended to be easier, faster, less expensive and more convenient.
The .eu ADR procedure is conducted online and is handled by the independent Czech Arbitration Court, which is based in Prague, in the Czech Republic.
To initiate an ADR procedure for a .eu domain name, visit the website of the Czech Arbitration Court (www.adr.eu). After registering as a user you can file your complaint on the site. During this process you will be asked to provide various details of the complaint and motivating arguments that prove your case. You will also be allowed to electronically attach any relevant evidence.
Once your complaint has been drawn up, you will be asked to specify the number of panellists that you would like to hear your case. A panel may consist of one or three members. If you opt for a one-member panel, a panellist is appointed by the Court on your behalf. Opting for a three-member panel allows you to select one panel member from a list of approved panellists. Your opponent will be allowed to select the second panellist and the Court will select the third.
Most people choose to have their cases ruled upon by a single panellist. When a three-member panel is selected, the participating panellists have to reach a simple majority. If you have initiated a complaint and the case is ruled in your favour, the domain name in question will be transferred to you and the case considered closed.
All rulings are legally binding, unless the losing party chooses to appeal the decision through a conventional court of law.
- Do I have to go the Czech Republic for my ADR case?
- No. Evidence is submitted online, so travel is not needed to present a case. See the ADR website for more information.
Source: www.eurid.eu
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