{
    "case_number": "CAC-ADREU-003534",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "1. AWD Holding AG (hereinafter “the Applicant”) applied for the domain names carstenmaschmeyer.eu and carsten-maschmeyer.eu (hereinafter “the Domain Names”) on 7 February 2006, i.e. during the Sunrise Period. The corresponding documentary evidence was received by the validation agent on 15 March 2006, before the 19 March 2006 deadline. \r\n\r\n2. According to EURid, the validation agent received for the Domain Names on 15 March 2006 only the following materials as supporting documentary evidence of the Applicant’s prior rights: Affidavit from a German legal practitioner stating that the name “Carsten Maschmeyer” is protected under German law; A copy of the passport of Mr. Carsten Maschmeyer; Printouts from Google search results for the search term “Carsten Maschmeyer”.\r\n\r\n3. The validation agent concluded that the Applicant, AWD Holding AG, is not the holder of prior rights to the Domain Names, but instead, Mr. Carsten Maschmeyer. As the Applicant was not the holder of relevant prior rights, the validation agent rejected the applications.\r\n\r\n4. ADR proceedings were initiated by Mr. Carsten Maschmeyer (hereinafter “the Complainant”), who is the Chairman of the Board of Directors of AWD Holding AG, to annul the disputed decisions and to attribute the Domain Names to himself.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain names.",
    "discussion_and_findings": "1.\tThe phased registration of .eu domain names was conducted under strict formal rules to ensure that the immense amount of applications filed within the prescribed time limits were indeed filed by holders of respective prior rights. \r\n\r\n2.\tSection 21.2 of Sunrise Rules states that the validation agent shall examine whether an applicant has a prior right to the name exclusively on the basis of a prima facie review of the documentary evidence it has received. Section 21.3 of the Sunrise Rules gives the validation agent a possibility to conduct further investigations into the circumstances of the application.\r\n\r\n3.\tThe connection between the Applicant and the Complainant was not established in the applications for the Domain Names. The said connection was not such a matter which Section 21.3 of the Sunrise Rules would obligate the validation agent to investigate.\r\n\r\n4.\tSection 3.1 of the Sunrise Rules provides that “[…] where no name of a company or organization is specified, the individual requesting registration of the domain name is considered the Applicant; if the name of the company or organization is specified, then the company or organization is considered the Applicant.” Section 2.3 of the .eu Domain Name WHOIS Policy reflects the same rule.\r\n\r\n5.\tThe applicant for the Domain Names is AWD Holding AG and the owner of prior rights is an individual by the name of Mr. Carsten Maschmeyer. As the name of the Applicant and the name of the holder of prior right are different and no documentation was provided to the validation agent within the prescribed time periods to demonstrate the connection of these two parties and the nature of entitlement of the Applicant to rely on the prior claimed rights, the Panel finds that the decision to reject the Applicant’s application for the Domain Names was correct.",
    "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": "2007-01-11 00:00:00",
    "informal_english_translation": "The Complainant’s applications for the domain names carstenmaschmeyer.eu and carsten-maschmeyer.eu were refused on grounds that the name of the applicant for the Domain Names, AWD Holding AG, was different from the holder of the prior rights in question, Mr. Carsten Maschmeyer. The Applicant did not produce documentary evidence to show that it is the holder of a prior right, and therefore the validation agent refused the applications.\r\n\r\nThe Complainant contended that he has a prior right in the Domain Names by virtue of the fact that the combination of his first and last name is protected under German law.\r\n\r\nThe Respondent, EURid, contended that the burden of proof is with the Complainant to demonstrate that it is the holder or the licensee of a prior right. As the Applicant of the Domain Names was not the holder of the prior rights, the decision to reject the  applications was correct.\r\n\r\nAs the name of the applicant and the name of the holder of the prior right were different and no documentation was provided to the validation agent within the prescribed time periods to demonstrate the connection of these two parties and the nature of entitlement of the Applicant to rely on the claimed rights, the Panel finds that the decision to reject the Applicant’s application for the Domain Names was correct.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}