{
    "case_number": "CAC-ADREU-008146",
    "time_of_filling": null,
    "domain_names": [
        "bittner.eu"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Lukas Karl Herbert Bittner ( )"
    ],
    "complainant_representative": null,
    "respondent": [
        "Tayfun Dogan (mainDo.)"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a resident of Austria whose family name is Bittner. \r\n\r\nThe Respondent registered the disputed domain name on February 9, 2021.  The disputed domain name resolves to a website which offers the disputed domain name for sale. \r\n\r\nThe Complainant filed the Complaint on April 19, 2021 in German, and when he was notified that the language of the registration agreement, and therefor of these proceedings, is in English on April 21, 2021, the Complainant submitted an amended Complaint in English on the same date. The Respondent timely filed its Response on April 28, 2021.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings relating to the disputed domain name.",
    "discussion_and_findings": "Under Article 21 (1) of the Regulation (EC) No. 874\/2004 in order to succeed under this dispute resolution procedure the Complainant must show that the disputed domain name:\r\n(i) is identical or confusingly similar to a name in respect of which a right is recognized or established by the national law of a Member State and\/or Community law and; either\r\n(ii) has been registered by the Respondent without rights or legitimate interest in the name; or\r\n(iii) has been registered or is being used in bad faith.\r\n\r\nParagraph B.1 (b) under (9) of the ADR Rules requires the Complainant to \"[s]pecify the names in respect of which a right is recognised or established by the national law of a Member State and\/or European Union law. For each such name, describe exactly the type of right(s) claimed, and specify the law(s) as well as the conditions under which the right is recognised and\/or established\".  Although the Panel infers from the Complainant's assertion that the disputed domain name is identical to his family that the Complainant considers his family name a name in respect of which a right is recognised or established by the national law of a Member State (Austria) and\/or European Union law, the Complainant failed to claim, let alone demonstrate, that  a family name is a right recognized or established in Austrian and\/or Community law.  Thus, the Complainant has not complied with the requirement of paragraph B.1 (b) of the ADR Rules which provides that the Complainant states exactly which type of right it is invoking.  In view of paragraph B.10 (b) of the ADR Rules the Panel shall draw such inferences therefrom as it considers appropriate. Because of the defect in the Complaint, the disputed domain name cannot be revoked or transferred and the Panel therefore rejects the Complaint (e.g. case CAC 07946 <demol.eu> and case CAC 08074 <florea.eu>).",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that\r\n\r\nthe Complaint is denied",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2021-05-30 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: <bittner.eu>\r\n\r\nII.     Country of the Complainant: Austria; country of the Respondent: the Netherlands\r\n\r\nIII.    Date of registration of the domain name: February 9, 2021\r\n\r\nIV.    Rights relied on by the Complainant (Art. 21 (1) Regulation (EC) No 874\/2004) on which the Panel based its decision:\r\n        \r\n       10.  family name: Bittner\r\n\r\n\r\nV.    Response submitted: Yes\r\n\r\nVI.   Domain name\/s is\/are [identical\/confusingly similar\/neither identical nor confusingly similar] to the protected right\/s of the Complainant\r\n\r\nVII.  Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874\/2004):\r\n        1. [Yes\/No]\r\n        2. Why:\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n        1. [Yes\/No]\r\n        2. Why:\r\n\r\nIX.   Other substantial facts the Panel considers relevant:\r\n\r\nX.    Dispute Result: Complaint denied\r\n\r\nXI.   Procedural factors the Panel considers relevant:\r\n\r\nXII.  [If transfer to Complainant] Is Complainant eligible? [Yes\/No]",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}