{
    "case_number": "CAC-ADREU-004008",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The domain name \"sirena.eu\", which is the subject of this ADR proceeding, was filed with the Registry (EURid) on 7 April 2006 by the Respondent.\r\n\r\nThe Complainant, Sirena A\/S, contacted the Respondent in order to get the domain name transferred to the Complainant.\r\n\r\nThe Parties had an e-mail correspondence about this issue but did not come to a conclusion on either transferring or not transferring the domain name.\r\n\r\nThe Complainant therefore filed a complaint against the Respondent claiming the domain name to be transferred to the Complainant as the Respondent - according to the Complainant - had no rights or legitimate interests in the domain name and that the registration was made in bad faith and in such conflicts with Article 21(1) of (EC) No 874\/2004.\r\n\r\nUnder this ADR proceeding the Respondent has offered the domain name in dispute to the Complainant for the price of EUR 30. The Complainant has accepted such offer but the Parties have made different offers in respect on how and which order such transfer should follow.\r\n\r\nTo the knowledge of this Panel the Parties have not come to a conclusion on this issue and no proof has been submitted to the Panel showing that a transfer has been accepted and initiated to the extend possible.",
    "other_legal_proceedings": "None that the Panel is aware of.",
    "discussion_and_findings": "According to Article 21(1) of (EC) No 874\/2004, a registered domain name shall be subject to revocation where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it has been registered by its holder without rights or legitimate interest in the name or has been registered or is being used in bad faith. \r\n\r\nAs the case has been presented before the Panel the Respondent in respect of Article 21(1) of (EC) No 874\/2004 has demonstrated no rights or legitimate interests in the domain name and\/nor has the Respondent proved that the domain name has been registered or is being used in good faith.\r\n\r\nOn the contrary the Panel interprets the Respondent's response and doings as such as the Respondent has had no rights or at least no legitimate interests in the name.\r\n\r\nThe domain name sirena.eu has been registered by the Respondent without rights or legitimate interests in the name since neither a right nor a legitimate interest in accordance with Article 21(2) of(EC) No 874\/2004 was demonstrated by the Respondent or is otherwise apparent to the Panel.  \r\n \r\nThe Complainant however has demonstrated such necessary rights to the name \"sirena\" as needed in respect of  Article 21(1) cf. Article 10(1) of (EC) No 874\/2004.\r\n\r\nThe Complainant satisfies the eligibility criteria set out in Article 4(2)(b) of (EC) No 733\/2002.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) of the ADR Rules, the Panel orders that\r\n\r\nthe domain name SIRENA be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-03-18 00:00:00",
    "informal_english_translation": "The Complainant argued that the Respondent had violated Article 21 of (EC) No 874\/2004 when registering the domain name \"sirena.eu\".\r\n\r\nThe Complainant demonstrated sufficient rights to the trademark and company name \"sirena\".\r\n\r\nThe Respondent demonstrated no rights or legitimate interests in the name \"sirena\".\r\n\r\nThe Respondent offered under the ADR proceeding in its response to sell the domain name to the Complainant for the price of EUR 30.\r\n\r\nThe Panel decided that the domain name should be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}