{
    "case_number": "CAC-ADREU-002577",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainanat is Regata Čechy, a. s., Czechia.\r\n\r\nThe request for the registration of the domain name hotelport.eu was filled via the registrar Ignum, s. r. o., Czechia.\r\n\r\nThe Complainant applied for the domain name hotelport.eu on December 10, 2005.\r\n\r\nThe validation agent, PriceWaterhouseCoopers, received the documentary evidence in time during a period (the Sunrise period) of phased registration of domain namens of the .eu Top Level Domain before the general registration of .eu domain starts.\r\n\r\nWith his decision the Respondent, European Registry for Internet Domains (EURID), denied the request for registration.\r\n\r\nAgainst this decision the complainant filed a complaint with the Czech Arbiration Court.",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings related to the disupted domain name.",
    "discussion_and_findings": "In consideration of the factual background and the Parties contentions, the following legal conclusions must be reached:\r\n\r\nIt is evident that there is only one company, e. g. Regata Čechy, a. s., incorporated in the Czech corporate register.\r\n\r\nThe Complainant has a prior right based on his Czech trade mark HOTEL PORT (No. 248697) according to the documentary evidence which has been submitted by the complainant in time.\r\n\r\nThe EURID´s decision is based on the overlooking of the validation agent, PriceWaterhousCoopers. The validation agent accidentaly overlooked the second Czech national trade mark certificate (HOTEL PORT), No. 248697, which has been submitted by the Complainant in time.\r\n\r\nThe decision taken by the Respondent conflicts with the Art. 10 (1) and 12 (3) of the Comission Regulation (EC) No. 874\/2004 of 28 April 2004 laying down public policy rules concerniny the implementation and functions of the .eu Top Level Domain and the principles governing registration.\r\n\r\nIf the ADR proceeding concerns a decision by the Registry not to register a domain name and the panel or panelist concludes that such decision conflicts with the Regulations, then upon the communication of the decision by the Provider, the Registry will register the domain name in the name of Applicant and will immediately activate the domain name.\r\n\r\nAccording to the Art. B (11) (c) of the .eu Alternative Dispute Resolution Rules the Panel may decide in appropriate cases pursuant to the Procedural Rules, Registration Policy, Sunrise Rules and\/or the Terms and Conditions that the domaine name in question shall be attributed.\r\n\r\nThe Complainant is the next applicant in the queue for the domain name concerned (see the WHOIS database from the date of November 2, 2006.)",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that\r\n\r\n\r\nthe EURID's decision be annulled,\r\n\r\nthe domain name HOTELPORT be attributed to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2006-10-25 00:00:00",
    "informal_english_translation": "1. The EURID´s decision is based on the overlooking of the validation agent, PriceWaterhousCoopers. The validation agent accidentally overlooked the second Czech national trade mark certificate (HOTEL PORT), No. 248697, which has been submitted by the Complainant in time.\r\n\r\n2. The decision taken by the Respondent conflicts with the Art. 10 (1) and 12 (3) of the Comission Regulation (EC) No. 874\/2004 of 28 April 2004 laying down public policy rules concerniny the implementation and functions of the .eu Top Level Domain and the principles governing registration.\r\n\r\n3. Complainant is the next applicant in the queue for the domain name concerned.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}