For Complainants

Is my case suitable for .eu ADR?

.eu ADR is a tool designed for cases of speculative and abusive registrations. It is not applicable for any .eu domain name problem.

It is suitable in cases where the domain 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 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.

Examples of rights recognised or established by national and/or Community law: registered national and community trademarks, geographical indications or designations of origin, and, in as far as they are protected under national law in the Member-State where they are held: unregistered trademarks, trade names, business identifiers, company names, family names, and distinctive titles of protected literary and artistic works.

For further information regarding conditions under letters (a) and (b) above please consult Art. 21 of the Regulation (EC) No. 874/2004 (see the Rules section).

Before filing a complaint it is recommendable to study the applicable Rules carefully. If you are unsure if your case is suitable for .eu ADR, please consult your attorney who may also help you to draft a complaint. The Czech Arbitration Court, as an independent decision-making body, is not entitled to provide legal consulting services to a (potential) party to an .eu ADR dispute.

When preparing your complaint, it might be useful for you to study past ADR decisions in cases where the circumstances were similar to those of your case. In addition, you may wish to search whether the other party has been involved in the past ADR cases and with which results. More generally, you may find it useful to research how majority of the panelists view certain legal issues related to ADR Proceedings, whether they tend to decide this or that issue in one way (consensus view), whether there are some differing views (minority view) or whether in certain issue the views are different. All this information is vital for the preparation of good arguments in your case.

What are the possible remedies in .eu ADR? Can I claim damages?

In the case of a procedure against a domain name holder, the ADR panel shall decide that the domain name shall be revoked, if it finds that the registration is speculative or abusive. The domain name shall be transferred to the complainant if the complainant applies for this domain name and satisfies the general eligibility criteria set out in Article 4(2)(b) of Regulation (EC) No 733/2002, i.e. it is

(i) an undertaking having its registered office, central administration or principal place of business within the Community, or

(ii) an organisation established within the Community without prejudice to the application of national law, or

(iii) a natural person resident within the Community.

Within .eu ADR a complainant cannot claim damages or the compensation of an ADR Fee from the respondent in case of complainant’s success in the ADR. Nevertheless, nothing prevents the complainant from claiming the appropriate compensation in a regular court proceeding initiated after the ADR.

How long does an ADR proceeding usually take?

An ADR proceeding usually takes approximately 3 to 4 months from the time the complaint is filed to the time the decision is published.

Can I prevent the respondent from disposing of the domain name during a dispute?

During a pending ADR dispute the disputed domain names are blocked, i.e. cannot be transferred to anyone else.

Can I prevent the respondent from using the domain name during a dispute?

No, this is not possible.

As a non-EU person, can I file an ADR complaint?

Yes, but as a non-EU person you will be able to request only the revocation of the disputed domain name and not its transfer, because you are not eligible under the meaning of Regulation (EC) No. 733/2002 (see Paragraph B11 (b) of the ADR Rules).

Is it possible to find out whether there has been an ADR proceeding regarding a certain domain name?

Yes, you can find this information on our website in the upper menu under “Resources / Disputed Domain Names”. Type the domain name of interest in the space provided and click “Enter”. You will receive information whether the domain name was ever disputed with the Czech Arbitration Court and the time of filing of the dispute.

Who chooses the panelists?

The single panelist is chosen by the Czech Arbitration Court from its list of panelists. In a case of three-member panel, both parties submit a list of three candidates for one member of the panel. Czech Arbitration Court then appoints one panelist from the list submitted by the complainant and one panelist from the list submitted by the respondent (provided that it is possible), and the third, presiding panelist, from its list of panelists.

Language trial – basic information and how to start it

If you wish to proceed in a different language than in the proper language of the ADR Proceeding you may initiate a language trial before filing a complaint. A single member panel will decide upon your request having regard to the circumstances of the case. Please be aware that the applicable rules do not give any guidance as to what circumstances are relevant for the language trial decision. You may review the case law here.

According to the ADR Rules the language trial request must be filed in the current language of the ADR Proceeding, not in the requested language. However if you attach proves that the respondent is familiar with the requested language, you can file the request directly in the desired language. Nevertheless the panel can, after its appointment, require the translation to the language of the registration agreement. In request to change the language, in is essential to describe in detail the reasons for which the language trial is filed.

A language trial is to be started as follows:

1. Download the B1 form (in the appropriate language) at http://eu.adr.eu/adr/forms/index.php and fill it in.
2. Register on the on-line platform and log in.
3. Go to My disputes / Start a new dispute.
4. In the "Language Selection" form choose the language of the proceeding (the current language of the ADR Proceeding, not in the requested language) and submit the form using the "Confirm the dispute selection" button.
5. Click on the Start Language Trial link.
6. In the "Language trial Request" form click on the "Start Language trial" button.
7. Go to the "Non-standard communication" form, attach your completed B1 form as an annex and file the "Non-standard communication" form using the "File the form" button.

In which language shall I file my complaint?

The language of the ADR Proceeding must be the language of the Registration Agreement for the disputed domain name (unless otherwise agreed by the Parties, or specified otherwise in the Registration agreement). You can access information on the language of the Registration Agreement in the WHOIS database at http://www.eurid.eu/en/whois-search.

If you wish to proceed in a different language than in the proper language of the ADR Proceeding you may initiate a language trial before filing a complaint. A single member panel will decide upon your request having regard to the circumstances of the case.

How to file a complaint?

The complaint shall be always submitted via this on-line platform (irrespective of what form of communication you prefer).

1. To file a complaint you have to register on this platform via My disputes / Register. If you are a representative of the prospective complainant, you should register in complainant’s name (though you can provide your own e-mail address and tel. and fax numbers in order to be the only person directly contacted by the CAC).
2. After registration you have to log in. If the complainant is to be represented by someone else in a dispute, you should create an account for the representative via My disputes / My representatives.
3. To initiate a dispute click on “Start a new dispute” item in the My disputes menu.
4. Choose the proper language of the ADR Proceeding and click on “Confirm the language selection” button.
5. Click on “Prepare complaint” item in the middle of the screen.
6. Fill in the complaint form.
7. Upload your annexes (if too large, please consult this section).
8. Submit your complaint by clicking on the “File complaint” button.
9. If you have chosen hardcopy or fax as a preferred form of communication you have to send the complaint by this additional method as well.

The complaint form designates me as a complainant but I am the representative of the complainant.

You have registered in your own name and that’s why the form treats you as the complainant. You have to go to My disputes / My account and change your own details to those of the complainant (though you can provide your own e-mail address and tel. and fax numbers in order to be the only person directly contacted by the CAC). The change will be automatically reflected in the complaint form. You can also designate yourself as a representative of the complainant (My disputes / My representatives).

In the WHOIS database only an e-mail address of the registrant is provided. How can I identify the respondent?

If there is only an e-mail address of the registrant provided in the WHOIS database it means that the domain name holder is a private person, therefore EURid is obliged to protect his/her personal data. Should you need the identification of the registrant to file an ADR complaint, you should ask EURid for disclosure of personal data via the special form available at http://www.eurid.eu/en/eu-domain-names/disputes/contact-domain-name-holder.

What does mutual jurisdiction mean?

Mutual jurisdiction is a court jurisdiction to which any complainant has to submit in its complaint with respect to any challenges to a decision in the ADR proceeding revoking or transferring the domain name; according to the ADR Rules, the complainant must submit to the court jurisdiction of:

1. The principal office of the registrar (provided the respondent has submitted in its registration agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name, and provided that the court thus designated is located in the EU); or
2. The respondent‘s address as shown for the registration of the domain name in EURid’s WHOIS database at the time the complaint is submitted to the CAC or as received from EURid by the complainant if such information is not available in EURid´s WHOIS database; or
3. The principal office of EURid in case of ADR Proceedings against EURid.

As my candidate for three-member panel, can I choose a panelist who does not speak the language of the proceeding?

No, the Czech Arbitration Court would not be able to appoint such a panelist as the panelist must always speak the language of the proceeding. To find out what languages the panelists speak, please see the list of panelists.

I cannot upload annexes to the complaint/response.

See the answer here.

Can I prepare my complaint off-line and then upload it on the on-line platform?

The online complaint form will always demand that you fill some basic data (like the designation of the respondent, domain name and the registrar) directly in the fields of the form. However the textual parts can be prepared separately and then either copied to the online form or attached as the annex.

I want to start an ADR Proceeding in the name of two complainants but the complaint form does not enable it.

The complaint form indeed does not enable to identify two complainants. Please choose only one of the complainants to be identified in the heading of the form and put the information about the other one into the “Factual and Legal Grounds” field of the complaint.

If I include confidential information in the complaint, can I be certain that it will not be made publicly available?

Any documents filed with a complaint will always be accessible to the other party, to the panel, and to the Czech Arbitration Court. However, these documents will not be published. The Czech Arbitration Court will only publish its decisions. If, nevertheless, the panel mentions the information in the decision it will published along with it.

What happens after I file my complaint?

After a complaint is filed the CAC will wait for the ADR fee to be received. If it is not received you will be notified of fees unpaid.

Once we receive the fee we acknowledge receipt of the complaint and ask EURid to provide us with the verification enabling us to review the complaint for administrative compliance. As soon as we receive it we perform the complaint review. If incompliant we will notify you of deficiencies identified and you will be given 7 (seven) days term to amend the complaint. If you fail to correct deficiencies we will terminate the proceeding.

As soon as the complaint is found administratively compliant it is notified to the respondent.

I received the notification of deficiencies in complaint. How to amend my complaint?

If you received the notification of deficiencies in complaint, read carefully the description of the deficiencies. If you do not understand the nature of the deficiencies or you do not know how to correct them, please contact your case administrator. Then click on the item called “Amend complaint” in the left-hand menu of the case file. The form is to be completed and submitted in the same way as the original complaint. When filling in the form, please take care to correct the deficiencies identified. After completing the whole form, click on the “File complaint” button.

Can I change the complainant’s data when amending the complaint?

Yes, you can change the complainant’s data. Please go to My disputes / My account in the upper menu, make the necessary changes and click on Submit. Once you go back to the Amended complaint form the new data will appear automatically (to go to this form please go to My disputes / My disputes in the upper menu, then click on the case number and choose Amend complaint in the left-hand menu of the case file).

What possible recourse do I have if my complaint is rejected for administrative non-compliance?

You can request the CAC to review its decision according to Par. B 2 (c) of the ADR Rules. First, you have to download the form C_1 available at http://eu.adr.eu/adr/forms/index.php, fill it in and upload as an annex of the Non-standard communication to the on-line case file. The Czech Arbitration Court will appoint a single-member panel to decide on this “challenge of withdrawal of the complaint”. Please be aware that there is a 5 (five) days term for submitting the challenge of withdrawal and its filing is subject to a fee. If the panel finds in your favour, the CAC will return the fee paid for filing the request.

Is it possible to submit additional arguments and/or evidence after filing a complaint? Can I respond to the response filed by the respondent?

You can file additional documents and/or arguments throughout the ADR proceeding via the on-line platform using the Non-Standard Communication form. If your preferred form of communication is not electronic communication you must file all documents in the preferred form as well. It is up to the discretion of the panel to determine the extent to which it will consider your additional arguments and/or evidence before rendering its decision.

How will I learn that there is something new in a dispute?

You will be notified of any new development by an e-mail. If you prefer hardcopy or fax communication you will also receive notification by this additional means.

Is it possible to prolong time limits applicable during the ADR Proceeding?

Yes, but only in accordance with Paragraph A2 (i) of the ADR Rules. According to this provision, the Provider and, after its appointment, the panel shall decide upon such prolongation in exceptional circumstances or upon agreement of both Parties, upon request of a Party filed before the expiration of the relevant time period(s).

Can I challenge the impartiality of the panelist(s)?

As soon as the panelist is appointed, the parties have two (2) days period to challenge the appointment if they have justifiable doubt in regard to panelist’s impartiality or independence. Within that period, they can file their challenge on the on-line platform via the “Challenge of panelist” link found in the left-hand menu of the case file. If they become aware of the circumstances giving rise to justifiable doubt as to panelist’s impartiality or independence after expiration of the above mentioned time period, they can file the challenge of panelist via the Non-standard communication form.

Is it possible to withdraw the complaint once filed?

You can withdraw your complaint at any time during the ADR proceeding. However, once the respondent has received notification of the proceeding, the Czech Arbitration Court will only terminate the proceeding with his or her consent. Please note that the part of the fees will only be returned if the proceeding has been terminated before the panel is appointed. In such case the CAC will return the portion of the fee that would otherwise be paid to the panelist/s (Annex A of the ADR Supplemental Rules).

If we have settled the dispute amicably, how to transfer the domain name and terminate the proceeding? And what about the fee paid?

During a pending dispute the domain name cannot be transferred. Therefore first the proceeding has to be terminated and only afterwards the parties can arrange for the transfer (nevertheless the transfer takes place without the interference of the Czech Arbitration Court). To be able to terminate the proceeding the Czech Arbitration Court needs a Non-standard communication from both parties submitted via the on-line platform and stating that the settlement has been concluded and that the proceeding is to be terminated. Please note that the part of the fees will only be returned if the proceeding has been terminated before the panel is appointed. In such case the CAC will return the portion of the fee that would otherwise be paid to the panelist/s (Annex A of the ADR Supplemental Rules).

If the parties do not wish to perform the transfer themselves, they can present their settlement agreement to the panel and ask it to take it into account when deciding the case and to order the transfer of the domain name in the decision. However, the panel is not obliged to base its decision upon the agreement. The fee paid cannot be reimbursed in such case.

Can we ask for an in-person hearing in our complaint

According to Par. B 9 of the ADR Rules, there shall be no in-person hearings (including hearings by teleconference, videoconference, or web conference). The decision will be handled based on documents or other types of written evidence unless the panel determines, in its sole discretion and as a matter of exceptional circumstances, that such a hearing is necessary for rendering a decision on the complaint. Therefore, it is the panel’s decision whether or not an in-person hearing will take place; however, should you wish to have one you should ask for it in your complaint or later in the proceeding via a Non-standard communication form on the on-line platform.

I am involved in multiple ADR Proceedings – can I have only one username and password?

Yes, but only if you act as a representative in multiple ADR Proceedings. You can choose one of your multiple accounts to be master and that one will take over the cases from the other accounts.

1. Please log in to the on-line platform under the account that you have chosen to be master. (You are not prevented from creating a new one especially for this purpose.) After logging in, go to My disputes / Take over other disputes.
2. Please enter the username and password of the other account/s. All disputes assigned to this/those account/s will appear in the list of your cases.

Is the decision of the ADR panel final or is it subject to appeal?

According to Article 22, Par. 13 of the Commission Regulation (EC) No 874/2004 the results of ADR shall be binding on the Parties and the Registry unless court proceedings are initiated within 30 calendar days of the notification of the result of the ADR procedure to the Parties. According to Par. B12 (a) of the ADR Rules the decisions will be final, not subject to appeal and compulsory for the Parties, without detriment to the right of the Parties to initiate a court proceeding in a Mutual Jurisdiction. Consequently, the Registry (EURid) shall not implement an ADR Decision if a bona fide court action is initiated in the Mutual Jurisdiction within the above mentioned 30-day period.

If the domain name is to be transferred according to an ADR decision, what happens next?

The decision shall be implemented by the Registry (EURid). The implementation takes place after 30 calendar days, provided no court proceeding has been initiated. If the complaint is accepted and the transfer is ordered then:

- On day 31 (if working day) an email is sent to the complainant and its representative (if it has one) asking them to confirm the registration data (the data are taken from the decision itself).

- If the party confirms and completes the registration data, EURid transfers the domain name to the complainant. The complainant only has to contact an accredited registrar and request a change of registrar.

If you have further questions on implementation, please address it directly to EURid as the implementation is upon it, not the Czech Arbitration Court.

I have initiated a dispute by mistake. Can you delete it?

Should you have only initiated a new dispute and obtained a case number but you have not submitted the complaint or Request to change the language yet you need not worry about your case founded by mistake. It may stay on the on-line platform to be filed later or not to be filed at all. The Czech Arbitration Court is not going to take any steps or demand any fee for unfiled disputes.

Can I change my user registration data?

Should you wish to change your registration data, please go to "My Menu/Change of user details" in the upper menu. Make all necessary changes and click on the "Submit" button. Please be aware that the modifications will be reflected only in your future filings, not in the documents already submitted via the on-line platform.

Is it possible to print documents from the on-line platform?

Yes, the on-line platform does allow the documents created in its system to be printed, but only after they are filed, not during preparation. The “print” button will appear at the bottom of each document once it is filed.

I cannot download documents from your website.

Please be aware that some internet browsers (e.g. Microsoft Internet Explorer 6.0 and its older versions) have problems with downloading documents from secured pages, i.e. where the internet address begins with https. As our website redirects you to the secured pages once you log in, you may experience difficulties in downloading documents if you are using these browsers. To be able to download any document it is necessary to logout and erase "s" from the "https" part of the internet address, leaving only “http”.

I cannot upload annexes to the complaint.

Please be aware that if you have a slow internet connection it might be difficult to upload a large portion of annex documents at once. Therefore we strongly recommend that you SAVE your complaint after adding each annex. You will thereby enable the platform to upload the annexes in small portions and minimize the risk of connection failure that may result in the loss of your work.

The following are tips for creating the annex files so that they do not occupy more space than necessary:

• the most suitable file types for the annexes are .PDF and .DOC documents.
• if you scan documents, try to scan them into a .PDF file and avoid larger picture formats (such as .BMP, .JPG, .TIF, .PCX) if possible.
• scanning in grey scale can reduce the file size. This is recommended only if the colour is not significant for the document.
• the suitable resolution for scanned written documents is 100 – 300 DPI.

I cannot log in due to a certificate problem. When I try to log in I receive the following message: "Your certificate contains the same serial number as another certificate issued by the certificate authority. Please get a new certificate containing an unique serial number."

We had to issue new temporary certificate. Because you saved your old certificate number in your Internet browser, this blocks you from entering the on-line platform. To fix this problem, choose the following:

For Firefox:

Menu Tools -> Options -> icon Advanced -> section Certificates -> Manage Certificates -> Web Sites -> find and delete the certificate for adr.eu

For IE:

Tools > Internet Options > Content Tab > certificates > Trust Root Certification Authorities > Where it says Intended Purpose: select Client Authentication > Look for Trouble-free.net certificate > Highlight and Remove

For Netscape:

Edit > Preferences > Privacy and Security > Go to Certificates > Manage Certificates and look for the trouble-free.net certificate