Additional regulation of the RAC of the court of arbitration in the matter of domains .eu

A) GENERAL DISPOSITIONS

1 Alcance

(a) Entailment to the Regulation of RAC and the legislation of the EU. The present Regulation
Additional of RAC .eu will have to be interpreted and to be used along with the Regulation of Resolution of Controversies in the matter of domains, adopted by the European Registry of Names of Domain in Internet (EURid) (the “Regulation of RAC ”) and with Reglamentos (CE) no. 733/2002 and number. 874/2004 and any other legislation of the applicable EU. The present additional regulation will not be able to contravene the Regulation of RAC nor the Regulations of the European Union.

 

(b) Version of the Additional Regulation. The version of the present Additional Regulation of RAC that is in force to the date of presentation of the Demand will be applied to the administrative procedure initiated by the same.

2 Definitions

The attached Court of Arbitration to the Economic Camera of the Czech Republic and to the Camera of Agriculture of the Czech Republic will be understood by Supplier. Any other term defined in the Regulation of RAC will have the same meaning when it is used in the present Additional Regulation of RAC.

3 Rates and Instructions of Payment

The rates applicable to the administrative procedure and the obligatory instructions of payment appear in the Annex To of the present Additional Regulation of RAC and appear published in the webpage of the Supplier.

4 Instructions for the Communications

It will be demanded that the Parts observe the instructions for the communications that appear in Annex C of the present Additional Regulation of RAC.

B) COURSE OF THE PROCEDURE

1 Presentation of the Demand

(a) the Demand will have to contain all the elements enumerated in the B1 Paragraph (b) of the Regulation of RAC.

(b) Form of the Demand. In accordance with the B1 Paragraph (b) (17) of the Regulation of RAC, it will be demanded that the Plaintiff formalizes his Demand using the Form of Demand that is including in the list of forms that appears in Annex B of the present Additional Regulation of RAC and that appears published in the webpage of the Supplier.

(c) Number of copies. In case presentation in paper by the Part to the Supplier is demanded, three (3) copies along with (1) an original one will have to appear.

(d) Language of the Procedure of RAC. In accordance with the A3 Paragraph (d) of the Regulation of RAC, all the excellent parts of documents presented as part of the Demand, including any presented Annex and appendix in languages different from the one of the language of the Procedure of RAC will have to go accompanied of a translation to the language of the Procedure of RAC. The Group of Experts will not consider documents or the parts of which they have not been presented in the language of the Procedure of RAC.

2 Appointment of the Administrator of the Procedure

(a) Notification. The Supplier will communicate to the Parts the name of the member of its group that will be the Administrator of the Procedure, as well as its data of contact; this person will take responsibility of all the administrative questions related to the controversy and the communications that take place the Group of Experts of RAC.

(b) Responsibility. The Administrator of the Procedure will be able to provide administrative attendance to the Group of Experts or a Member (s) of the Group of Experts, but he will not be authorized to solve questions basic related to the controversy.

3 Presentation of the Answer

(a) the Answer will have to contain all the elements enumerated in the B3 Paragraph (b) of the Regulation of RAC.

(b) Form of the Answer. In accordance with the B3 Paragraph (b) (9) of the Regulation of RAC, it will be demanded that the Demanded one formalizes its Answer using the Form of Answer that is including in the list of forms that appears in Annex B of the present Additional Regulation of RAC and that appears published in the webpage of the Supplier.

4 Procedure for the Appointment of the Members of the Group of Experts

(a) Candidates of the Parts. When it is required to a Part that sends the names of three (3) candidates in order that the Supplier considers its appointment as Members of the Group of Experts (that is to say, in accordance with the Paragraphs B1 (b) (4), B3 (b) (4) and B4 (c) of the Regulation of RAC), this Part will provide, by preference order, the names of three candidates and their data of contact. When naming a Member of the Group of Experts, the Supplier will respect the order of preference indicated by the Parts, as long as this is feasible.

(b) President of the Group of Experts. The Member of the Group of Experts named in accordance with the B4 Paragraph

(d) of the Regulation of RAC of the list of Members of the Group of Experts of the Supplier, will be the President of the Group of Experts who coordinates the work of the Group of Experts.

(c) Breach of the Demanded one. When the Demanded one does not send the Answer or it does not make the payment anticipated in the B3 Paragraph (c) of the Regulation of RAC before the term determined by the Supplier, this last one will happen to appoint the Group of Experts.

5 Declaration

In accordance with the B5 Paragraph of the Regulation of RAC, before his appointment as Member of the Group of Experts, the candidate will be forced to send to the Supplier a Declaration of independence and impartiality using the form that appears in Annex B of the present Additional Regulation of RAC and that appears published in the webpage of the Supplier.

6 Forms

In addition to the Form of Demand (preceding Paragraph B) and of the Form of Answer (preceding Paragraph), the Parts will be forced to use for any other communication during the Procedure of RAC the forms that appear in Annex B of the present Additional Regulation of RAC and that appear published in the webpage of the Supplier.

7 Views

In case the Group of Experts only determines to his will that is necessary to take to end a view, the view will be celebrated by videophone conference, videoconference or conference via Internet in the direction of the CHAT of the Supplier if both Parts are in agreement with the use of these technological means; otherwise, the view will be celebrated in the place specified by the Group of Experts. The Group of Experts will notify to the Parts within advance of seven (7) days the celebration of this view, including the date, hour and electronic intelligence or physical place where the view is going to take place.

8 Decision of the Group of Experts

The decision of the Group of Experts will fulfill with the requirements established in the B13 Paragraph of the Regulation of RAC and all the formal requirements that appear in the present Additional Regulation of RAC, excluding the limit of pages by virtue of following Paragraph 11, supposed in that the Group of Experts to his will only decide.

A decision model is including in the list of forms that appear in Annex B of the present Additional Regulation of RAC and appears published in the webpage of the Supplier.

9 Correction of Formal Defects

Within seven (7) days from the reception of the decision, each one of the Parts will be able to ask for to the Group of Experts, presenting a notification in writing sent to the same and the other Part, that correct all the computational errors, formal defects or errors of typography or other defects of similar type. All the corrections of this nature will be sent to the Parts and will comprise of the decision.

The Group of Experts will be able to correct any defect of the type to whom the preceding Paragraph by its own initiative within seven (7) days from the emission of the decision talks about.

10 Publication of the Decision

The Supplier will send to the decision of the Group of Experts to the Parts, the Recorder (is) and EURid as the Regulation of RAC and the Policy of Registry is established. The Supplier will publish the complete decision in the webpage of the Supplier, having specified:

1.    The name of litigious domain and that has constituted the object of the Demand,

2.    the number of the procedure;

3.    the Date of Beginning of the Procedure of RAC.

The decision will publish in the language of the Procedure of RAC and in a translation nonofficial to the English realised by the Supplier.

ANNEX A: SCALE OF RATES

Scale of rates of the Court of Czech Arbitration (MILLRACE) applicable to the controversies in the matter of domain names .eu

Number of names of domain including in the demand

Rate by the services of the Members Group of Experts:

 Only Member/Three Members + President

Administrative rate of the MILLRACE

Total of the rates: Only Member Three Members

(a) from 1 to 2
names of
domain

1.000 / 3.000

990

1.990/3,990

 (b) from 3 to 5
names of
domain

1.200 / 3.600

1.100

2.300 / 4.700

(c) from 6 to 9
names of
domain

1.400 / 4.200

1.200

2.600 / 5.400

(d) 10 or more
names of
domain

-

To consult with the MILLRACE

-

(e) Request of
change of language

600 / -

590

1.190 / -

(f) Resource against
the retirement of
demand by
defects
office staff

600 / -

590

1.190 / -


Explanatory notes:

a. All the above-mentioned rates are in Euros including the IVA on the honoraria of the Members of the Group of Experts. The Czech Court of Arbitration is not subject liabilities of the IVA.

b. The rates by multiple names of domain are applicable only to RAC procedures in which the same Plaintiff and the same Demanded appear as Parts, and as long as the language of the Procedure of RAC applicable to all the litigious names of domain is the same.

c. The administrative rate of the MILLRACE for the controversies included in the preceding paragraphs (a) to (f) consists of:

·         a rate to cover the administrative costs with the RAC center; and

·         a rate to cover the additional costs regarding the obligation to administer the procedures of RAC in all the official languages of the EU.

d. All the rates will have to be paid before the respective presentations, by banking transference to the following account of the Czech Court of Arbitration: IBAN CZ87 0400 0000 0035 9413 0024;

ANNEX B: LIST OF FORMS

 

Number

Form

A1

Demand

A2

Notification of lack of payment of rates

A3

Completion as a result of the lack of payment of rates

A3_1

Request of verification on the part of EURid

A3_2

List of verification of the fulfillment of administrative requirements - Demand

A4

Confirmation of the reception of the Demand

A5

Suspension – completion of the Demand

A6

Notification of defects in the Demand

A7

Corrected demand

A8

Completion as a result of defective Demand

A9

Notification of the Demand and the date of beginning of the Procedure of RAC

A9_a

Beginning of the Procedure of RAC

A10

Answer

A11

Confirmation of the reception of the Answer

A11_1

List of verification of the fulfillment of administrative requirements – Answer

A12

Notification of defects in the Answer

A13

Corrected answer

A14

Notification of breach of the Demanded one

A15

Resource against the notification of breach of the Demanded one

A16

Confirmation of the reception of the resource against the notification of breach of the Demanded one

A17

Notification to the Plaintiff to select candidates to Members of the Group of Experts

A18

Selection of candidates to Members of the Group of Experts on the part of the Demanded one

A19

 Declaration of acceptance and impartiality and independence + Selection of the Member of the Group of Experts

A20

Notification of the appointment of the Group of Experts and anticipated date of decision

A21

Resource against the appointment of a Member of the Group of Experts

A21_1

Confirmation of the reception of the resource against the appointment of a Member of the Group of Experts + Notification of the resource to the other Part and the Member of the Group of Experts

A22

Answer to the resource against the appointment of a Member of the Group of Experts

A23

Decision regarding the resource against the appointment of a Member of the Group of Experts

A24

Transmission of the file of the procedure to the Group of Experts of RAC

A25

Provisional decision

A26

Additional tests of the Demanded one

A26_1

Notification of the reception of additional tests

A27

Answer of the Plaintiff about the additional tests

A28

Decision

A29

Warning of activation of suspended Demands

A30

Notification of continued suspension

A31

Notification of the completion of one suspended Demand

A32

Data of the bank account

A33

Request of extension of terms

A34

Notification of the request of extension of terms to the other Part

A35

Decision on the request of extension of terms

A36

Request of negotiation of solution of the controversy by agreement of the Parts

A37

Decision of suspension as a result of negotiations of solution of the controversy by agreement of the Parts

A38

Request of activation of the Procedure of RAC

A39

Warning of activation of the Procedure of RAC

A40

Nonstandard communication

B1

Request of change of the language of the Procedure of RAC

B2

Notification of lack of payment of rates

B3

Notification of completion as a result of the lack of payment of rates

B4

Confirmation of the reception of the request

B4_1

Request of verification on the part of EURid

B5

Notification of the request and beginning of the procedure to decide on the request of the change of language

B6

Answer to the request

B7

Confirmation of the reception of the Answer 

B8

Declaration of acceptance and impartiality and independence +Selección of the Member of the Group of Experts  

B9

Notification of the appointment of the Group of Experts and anticipated date of decision  

B10

Resource against the appointment of a Member of the Group of Experts

B10_1

Confirmation of the reception of the resource against the appointment of a Member of the Group of Experts + Notification of the resource to the other Part and the Member of the Group of Experts

B11

Answer to the resource against the appointment of a Member of the Group of Experts

B12

Decision regarding the resource against the appointment of a Member of the Group of Experts  

B13

Transmission of the file of the case to the Group of Experts of RAC

B14

Decision regarding the procedure to decide on the request of the change of Asked for language

C1

Resource against the completion of the demand to present administrative defects

C2

Notification of the lack of payment of rates

C3

Notification of completion as a result of the lack of payment of rates

C4

Confirmation of the reception of the resource against retirement

C4_1

Request of verification on the part of EURid

C5

Declaration of acceptance and impartiality and independence +Selección of the Member of the Group of Experts

C6

Notification of the appointment of the Group of Experts and anticipated date of decision

C7

Resource against the appointment of a Member of the Group of Experts

C7_1

Confirmation of the reception of the resource against the appointment of a Member of the Group of Experts + Notification of the resource to the other Part and the Member of the Group of Experts

C8

Answer to the resource against the appointment of a Member of the Group of Experts

C9

Transmission of the file of the procedure to the Group of Experts of
RAC

C10

Decision regarding the resource against the appointment of a Member of the Group of Experts 

C11

Decision on the retirement of the demand to present administrative defects

ANNEX C: INSTRUCTIONS FOR THE COMMUNICATIONS

 

Except for the established thing in the Regulation of RAC and/or the Additional Regulation, any communication within the RAC procedure will in writing take place through the average favourites indicated by the Plaintiff or the Demanded one, respectively. If this form of favourite or determined communication is the electronic form, the communication will take place through our safe platform online to which it is possible to be acceded from this webpage. In order to communicate through our platform online, You will have to open y/u to obtain his account of user and to receive a name of unique user. For these aims, it see our information of Summary/Aid.

In order to solve any doubt on the previous text it can consult in www.adreu.eurid.eu/index.php and http://www.adreu.eurid.eu/html/es/adr/adr_rules/Supplemental%20Rules_spain.pdf