{
    "case_number": "CAC-ADREU-000507",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "This Complaint arises out of the interpretation and application of Commission Regulation (EC) No 874\/2004 of 28 April 2004 (“Regulation 874\/2004”) and the .eu Registration Policy and Term and Conditions for Domain Name Applications made during the phased registration period (“the Sunrise Rules”). \r\n\r\nThe Complaint is made by Are Oy (“the Complainant”), against the decision of the EURid (“the Respondent”) which permitted the registration of the domain name  «are.eu» (“the Disputed Domain Name”) to «Aare Kommun» (“the Applicant”).\r\n\r\nThe «Aare Kommun» applied for the domain name « are.eu » on 9 January 2006. The documentary evidence, which was validated by a Swedish Governmental Validation Point (National Post and Telecom Agency), was received on 12 January 2006, and the application was accepted by the Registry.\r\n\r\nThe Complainant has lodged its Complaint pursuant to Section 26 of Sunrise Rules, which provides that following a decision by the Registry to register a .eu domain name, an interested party may initiate an ADR Proceeding (as defined therein) against the Registry with regard to that decision.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "The Regulation and further the Sunrise Rules govern all .eu domain name applications made during the phased registration period. The Applicant applied for the Disputed Domain Name on the basis of its status as a public body and Article 10 of the Regulation sets out the basis upon which public bodies may register a .eu domain name.\r\n\r\nArticle 10 (1) of the Regulation states, “Holders of prior rights recognised or established by national and\/or Community law and public bodies shall be eligible to apply to register domain names during a period of phased registration before general registration of. eu domain starts”\r\n \r\nFurther, Article 10(1) of the Regulation defines the term “public bodies” as being, “‘Public bodies’ shall include: institutions and bodies of the Community, national and local governments, governmental bodies, authorities, organisations and bodies governed by public law, and international and intergovernmental organisations.”\r\n\r\nArticle 10(3) provides, “The registration by a public body may consist of the complete name of the public body or the acronym that is generally used. Public bodies that are responsible for governing a particular geographic territory may also register the complete name of the territory for which they are responsible, and the name under which the territory is commonly known.”\r\n\r\nThe Applicant applied for the domain name « are.eu » on 9 January 2006. The documentary evidence, which was validated by a Swedish Governmental Validation Point (National Post and Telecom Agency), and the application was subsequently accepted by the Registry.\r\n\r\nThe Panelist accepts both parties’ conclusions that «Aare Kommun» is the same public body as  «Åre Kommun». The Panelist further agrees with the Respondent that it is commonly accepted that « å » and  « aa » are commonly interchangeable in Swedish. \r\n\r\nGiven that the Swedish Governmental Validation Point (National Post and Telecom Agency) validated the Applicant’s right to the domain name « are.eu », and given that the spelling of «Åre Kommun» and «Aare Kommun» are interchangeable in Swedish, the Panelist concurs with the Respondent’s assertion that the covering letter does not contain an inaccuracy.",
    "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": "2006-06-29 00:00:00",
    "informal_english_translation": "The Complainant sought to challenge the decision of the Registry to register the disputed domain name « are.eu » to Aare Kommun which was relying on its prior right as a public body. The Complaint was based on the grounds that (i) « Aare Kommun » was not a municipality in Sweden, and therefore the disputed domain name could not be granted to an entity that did not exist; and (ii) the name of the applicant must exactly match the name of the claimed right and that any inaccuracies in any application must lead to the rejection of that application.\r\n\r\nThe Swedish Governmental Validation Point (National Post and Telecom Agency) validated the Applicant’s right, as a public body, to the domain name « are.eu ». The Panelist accepts that « å » and   « aa » are commonly interchangeable in Swedish, and accordingly «Åre Kommun» and «Aare Kommun» are one of the same. As such, the Panelist accepts the Respondent’s assertion that the covering letter does not contain an inaccuracy. The Panelist therefore rejects the Complaint.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}