{
    "case_number": "CAC-ADREU-000229",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "1.\tM. Oomens (the Complainant) filed unsuccessful applications for the domain names CITY, CRAWLER, KICKBOXING and BLUE.\r\n2.\tOn December 7th, 2005 Moravia GmbH filed an application for the registration of the domain name “CITY”. Then the applicant submitted in due time, on December 19, 2005, as documentary evidence for its prior right on the name, a copy of an official document issued by the Deutsches Patentamt, a competent trademark office, certifying that the trademark is registered under nr 2913039 and that Moravia GmbH is the reported owner of the trademark.  \r\n3.\tOn December 7th, 2005 J.H. Ter Borgh Beheer BV filed an application for the registration of the domain name “KICKBOXING”. Then the applicant submitted in due time, on January 13th, 2006, as documentary evidence for its prior right on the name a copy of an official document issued by the Benelux Merkenbureau, a competent trademark office, certifying that the trademark is registered under nr. 0778741 and that J.H. Ter Borgh Beheer BV is the reported owner of the trademark.  \r\n4.\tOn December 7th, 2005 Sharelook Beteiligungen GmbH filed an application for the registration of the domain name “CRAWLER”. Then the applicant submitted in due time, on December 12th, 2005, as documentary evidence for its prior right on the name a copy of an official document issued by the OHIM, a competent trademark office, certifying that the trademark is registered under nr. 003611365 and that the reported owner is Sharelook GmbH.  \r\n5.\tOn December 7th, 2005 Banco Bilbao Vizcaya Argentaria S.A. filed an application for the registration of the domain name “BLUE”. Then the applicant submitted in due time, on December 22nd, 2005 as documentary evidence for its prior right on the name a copy of an official document issued by the OHIM, a competent trademark office, certifying that the trademark is registered under nr. 001345974 and that the reported owner is Banco Bilbao Vizcaya Argentaria S.A.  \r\n6.\tOn December 9, 2005, in a “Newsflash” directed to the .eu registrars, EURid mentioned that if had noted “that a minority of domain name applications processed since the opening of the Phased Registration Period contain erroneous information that may lead to the domain name not being registered in the domain name applicant”. The “Newsflash” stated also that “if errors have been entered in those field, such applications must be processed on the basis of the erroneous information contained therein. This will, therefore, most likely lead to the fact that the domain name applied for can not be registered in the name of the applicant mentioned in the domain name application on the basis of that application”.\r\n7.\tThe Registry accepted the applications as above mentioned in chapters 2, 3, 4 and 5, by arguing that the applicants demonstrated to own the prior rights.\r\n8.\tAt 17:03:06 on 2006-03-07 the Compliant filed the Complainant by asking the Czech Arbitration Court to cancel the decision of Eurid in accepting BLUE, KICKBOXING, CRAWLER and CITY domain names applications requested by other parties (as par. 2, 3,4 and 5).\r\n9.\tAt 09:30:40 on 2006-03-09 Czech Arbitration Court received the Complaint. \r\n10.\tOn 2006-03-16 EURid, in accordance with Paragraph B2 (b) of the .eu Dispute Resolution Rules (the ADR Rules), notified to the Complainant some deficiencies relating to his Complaint.\r\n11.\tAt 12:06:18 on 2006-03-21 the Complainant filed, as requested, the amended Complaint. \r\n12.\tAt 17:20:04 on 2006-05-10 EURid filed the Response to Complaint.\r\n13.\tAt 10:52:36 on 2006-05-12 the Czech Arbitration Court appointed as Panelists: Mr. Dinant Oosterbaan, Mr. Thomas Schafft and Mr. Pierfrancesco Fasano (President).\r\n14.\tAt 09:49:59 on 2006-06-01 the Case Administrator notified a Non-standard Communication that points out that the amended Complaint “contains several Annexes, including six emails (Annexes 6-11). These Annexes 6-11 are in Dutch. The language of the ADR Proceeding is, however, English. The Annexes 6-11 are thus not made in the language of the ADR Proceeding. Consequently, the Panel - in accordance with Article A.3(d) of the ADR Rules - herewith orders you to submit a translation of the Annexes 6-11 in whole into English not later than on Tuesday 6 June 2006, in default of which the Panel will disregard the Annexes 6-11 in accordance with Article A.3(c) of the ADR Rules and Article B.1(d) of the Supplemental ADR Rules”.\r\n15.\tNotwithstanding the above mentioned Non-standard Communication, within the deadline (2006-06-06), the Complainant has not filed the requested translated annexes.",
    "other_legal_proceedings": "None acknowledged by Panel.",
    "discussion_and_findings": "In accordance with Article A.3(c) of the ADR Rules and Article B.1(d) of the supplemental ADR Rules, the Panel will disregard that part of the complaint and the amended complaint which is not written in English as the language of the ADR proceedings.\r\n\r\nArt. 22, paragraph 1, b), of the Commission Regulation No. 874\/2004 (EC) provide that in the case of a procedure against the Registry, the ADR panel shall decide whether a decision taken by the Registry conflicts with this Regulation or with Regulation (EC) No. 733\/2002. \r\n\r\nIn the opinion of the Panel, it is not up to the Panel to independently investigate all details of an application in the event a Complainant does not specify the basis for its complaint nor the specific facts why the contested applications are incorrect. For completeness sake the Panel mentions that the fact that an applicant may have filled in the “Prior Right on” field in an electronic form with the name of the applicant organisation and not with the name of the prior right (trademark) would not lead to a conflict with the above mentioned Regulations as in the substantive documentation submitted during the validation process the name of the trademark for which the prior right exists and for which the identical domain name is applied for is mentioned. According to the Panel, in such circumstances it is not for the Panel to decide whether EURid should have applied the strictest possible measures. \r\n\r\nTherefore, in the opinion of the Panel, EURid, according to Art. 14 of Commission Regulation (EC) No. 874\/2004 of 28 April 2004, was right to grant the CITY, BLUE, CRAWLER and KICKBOXING applications, to the respective applicants.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel, by simple majority, orders that the Complaint is denied.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2006-06-12 00:00:00",
    "informal_english_translation": "Art. 22, paragraph 1, b), of the Commission Regulation No. 874\/2004 (EC) provide that in the case of a procedure against the Registry, the ADR panel shall decide whether a decision taken by the Registry conflicts with this Regulation or with Regulation (EC) No. 733\/2002. \r\n\r\nIt is not up to the Panel to independently investigate all details of an application in the event a Complainant does not specify neither the basis for its complaint nor the specific facts claimed by the claimant for the uncorrectness of applicant's requests. The fact that an applicant may have filled in the “Prior Right on” field in an electronic form with the name of the applicant organisation and not with the name of the prior right (trademark) would not lead to a conflict with the above mentioned Regulations. Infact in the substantive documentation submitted during the validation process the name of the trademark for which the prior right exists and for which the identical domain name is applied for is mentioned. According to the Panel, in such circumstances it is not for the Panel to decide whether EURid should have applied the strictest possible measures.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}