{
    "case_number": "CAC-ADREU-004287",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "On 6 April 2006 the Complainant filed with EURid a registration application for the domain name ubytovani.eu.\r\n \r\nOn 21 April 2006 the Complainant provided EURid with the Certificate of the Complainant’s Incorporation with the Ministry of the Interior of the Czech Republic, dated 10 April 2006,  with the incorporation kept on file under reference number VS\/1-1\/63 854\/06-E, Business ID. No. 270 28 844, documenting the Complainant’s Prior Right to the domain name. \r\n\r\nAccording to the Certificate provided, on 5 April 2006 the Complainant submitted to the Ministry of the Interior of the Czech Republic an application for the incorporation of UBYTOVÁNÍ, an organization of employers, with its registered office at Kotěrova 2021\/6, Praha 6, by virtue of which, pursuant to Section 9a of Act No. 83\/1990, Coll., on association of citizens, as amended, the Complainant became a legal entity with full legal capacity on 6 April 2006, i.e. as of the day following the day of the incorporation application being served.\r\n \r\nOn 31 October 2006 EURid informed the Complainant by e-mail that the application of 6 April 2006 for the domain name ubytovani.eu was rejected, indicating the following reasons: “The documentary evidence we have received does not sufficiently proves the proprietary rights on the basis of which the domain name has been claimed.” (“Písemní důkaz který jsme obdrželi dostatečně nepotvrzuje vlastnická práva na základě kterých je žádáno doménové jméno“).\r\n \r\nOn 6 December 2006 the authorized representative of the Complainant received a notification from the Ministry of the Interior of the Czech Republic concerning the Legal Capacity of Trade-Union and Employer Organizations. This notification specifies the conditions under which trade-union organizations and employer organizations become legal entities and what are the certificates the Ministry of the Interior issues to demonstrate this. \r\n\r\nThe Complainant asked EURid to carry out an internal review of the rejection of the application under consideration.\r\n \r\nOn 5 January 2007 EURid informed the Complainant by e-mail that the internal review was carried out, upholding the rejection of the application dated 6 April 2006. In addition, EURid advised that the 40-day period for initiating the ADR Proceeding had started.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "In the Letter of the Czech Ministry of the Interior as of 10 April 2006 which is showing that the Complainant delivered to the Ministry of the Interior a proposal for recording of a company that would be called “UBYTOVANI” it is stated: \r\n\"The Ministry of the Interior hereby certifies that on 5 April 2006, a proposal for recording of UBYTOVANI [...] was delivered to the Ministry of the Interior.\r\n\r\nThe recording was made under the file number: #file number#, identification number: #id no#.\"\r\n\r\nThe burden of proof was with the Complainant to demonstrate that it is the holder of the claimed prior right. The Panel found no evidence submitted by the Complainant that the company is already registered and from the phase \"The recording was made under the file number\" does not mean that the company is already established.\r\n\r\nArticle 10 (1) of the Commission Regulation (EC) No 874\/2004 of 28 April 2004 (hereafter \"the Regulation\") states that: \"[h]olders 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. Prior rights shall be understood to include, inter alia, registered national and community trademarks (…)\". \r\n \r\nSection 11.3 of the Sunrise Rules states that “the Applicant must be the holder (or licensee, where applicable) of the Prior Right claimed no later than the date on which the Application is received by the Registry, on which date the Prior Right must be valid, which means that it must be in full force and effect.” \r\n \r\nPursuant to Article 14 of the Regulation, \"[a]ll claims for prior rights under Article 10(1) and (2) must be verifiable by documentary evidence which demonstrates the right under the law by virtue of which it exists\". This provision further states that \"[e]very applicant shall submit documentary evidence that shows that he or she is the holder of the prior right claimed on the name in question. (…)The relevant validation agent shall examine whether the applicant that is first in line to be assessed for a domain name and that has submitted the documentary evidence before the deadline has prior rights on the name. If the documentary evidence has not been received in time or if the validation agent finds that the documentary evidence does not substantiate a prior right, he shall notify the Registry of this. (…) The Registry shall register the domain name, on the first come first served basis, if it finds that the applicant has demonstrated a prior right in accordance with the procedure (…)\". \r\n \r\nThe Complainant applied for the domain UBYTOVANI on 6 April 2006. The processing agent received the documentary evidence on 21 April 2006, which is before the deadline of 16 May 2006.  \r\n  \r\nBased on the case material the Panel hereby decides that the Complainant did not sufficiently demonstrate that it was the holder of a prior right on the name UBYTOVANI, which was in full force and effect on the date of the application. \r\n \r\nBased on these findings, the Panel rejects the Complainant's application and decides that the Respondent correctly decided to reject the Complainant's application.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the Complaint is Denied.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-05-22 00:00:00",
    "informal_english_translation": "\nEnglish summary of the Panel Decision \r\n \r\n1.\tThe Complainant disputed that its proposal to the Ministry of Interior dated 10 April 2006 ant delivered to the Ministry of the Interior for the purpose of recording of a company that would be called “UBYTOVANI”, should be considered as the fact of the registration\/establishment of legal entity. \r\n \r\n2.\tThe Complainant has the burden of proof to demonstrate that it is the holder of the claimed prior right. \r\n \r \n3.\tThe Panel found no evidence submitted by the Complainant that the company is already registered and the phase in the proposal to the Ministry of Interior \"The recording was made under the file number\" does not mean that the company is already established. \r\n \r\n4.\tThe Panel hereby decides that the Complainant did not sufficiently demonstrate that it was the holder of a prior right on the name UBYTOVANI, which was in full force and effect on the date of the application which is the obligation under Article 10 (1), (2) and 14 of the Commission Regulation (EC) No 874\/2004 of 28 April 2004 and Section 11.3 of the Sunrise Rules. \r\n \r\n5.\tBased on these findings, the Panel rejects the Complainant's application and decides that the Respondent correctly decided to reject the Complainant's application. \r\n \r\n  ",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}