Regulation of Resolution of Controversies in the matter of domains .eu

The Procedure of Alternative Resolution of Controversies, conforms to the Paragraphs (a) and (b) of the section (1) of article 22 of the Regulation of Comisión (CE) no. 874/2004 of 28 of April of 2004, by which norms of policy of general interest regarding the application and to the functions of the domain of first level settle down “ .eu ”, as well as the principles in the matter of registry, they will hereby be in force Regulation of RAC and by the Additional Regulation of RAC of the Supplier that administers the Procedure of RAC, as it appears in its website. The interpretation and application of the present Regulation of RAC will be realised in agreement with the legal frame of the EU, which will prevail in case of conflict.

A) GENERAL DISPOSITIONS

1 Definitions

For the purposes of the present Regulation of RAC:

The Alternative Resolution of Controversies will be understood by RAC.

The Procedure initiated in accordance with the Regulation of the procedure will be understood by Procedure of RAC.

The writing will be understood by Demand (including all the Annexes) preparation by the Plaintiff to initiate an action as with the Procedure of RAC.

The Part will be understood by Plaintiff that initiates a Demand in the matter of registry of a domain name .eu or in the matter of request of change of the language of the Procedure of RAC.

The date will be understood per Date of Beginning of the Procedure of RAC in which all the following conditions have been fulfilled:

1.    that a Demand to the Supplier as with all the administrative formalities has been presented

2.    that they have been paid the applicable rates for the Procedure of RAC will be understood by Titling of the Name of Domain all legal natural person or who in force owns a registry of a domain name “ .eu ”.

Regulation (EC) no. of European the 733/2002 Parliament and the one will be understood by Regulations of the European Union of the Council of 22 of April of 2002 regarding the application of the domain of first level “.eu? and the Regulation (EC) no. 874/2004 of the Commission of 28 of April 2004 by which the norms of policy of general interest regarding the application and to the functions of the domain of first level settle down “ .eu ”, as well as principles in the matter of registry, and all regulation that replaces, it amends or it complements these norms and principles.

The organization will be understood by Registry to which it trusts by the European Commission the organization, administration and management of the domain “ .eu ” designated in accordance with the Procedure established in article 3 of Regulation (EC) no. 733/2002.

The judicial competition in anyone will be understood by Mutual Jurisdiction of the following places:

1.    the main office of the Recorder (as long as the Demanded one, in its Contract of Registry, has been put under that jurisdiction for the resolution of controversies regarding or as a result of the use of the domain name, and as long as the Court thus designated is within the European Union), or

2.    the address of the Demanded one that appears in the registry of the name of domain contained in the data base “WHOIS? of the Registry at the moment at which the Demand to the Supplier has appeared or that has been received from the Registry by the Plaintiff if that information is not available in the data base “WHOIS? of the Registry, or

3.    the main office of the Registry in the case of the Procedure of RAC against the Registry.

It will be understood by Group of Experts to the Group of Experts of the RAC named by the Supplier so that they decide a Demand in the matter of registry of a domain name “ .eu ”.

It will be understood by Member of the Group of Experts to the person appointed by the Supplier as so.

The Plaintiff or the Demanded one will be understood by Part; he will be understood by Parts to both.

The present Regulation of RAC, the Additional Regulation of RAC of the Supplier will be understood by Regulation of the Procedure and the Regulations of the European Union. In case of conflict between some of these regulations, the Regulations of the European Union will prevail.

The Supplier of services of resolution of controversies will be understood by Supplier chosen by the Registry.

The organization will be understood by recorder before which the Demanded one has registered the domain name that is object of the Demand.

It will be understood by Contract of Registry the contract between the Recorder and the holder of the name of domain.

The Policy of registry of domain names will be understood by Policy of Registry “ .eu ” published by the Registry.

It will be understood by Demanded the holder of the registry of a name of domain “ .eu ” (or the legitimate heirs of the holder or the Registry in the case of a Procedure of RAC against the Registry) in relation to which has begun a Demand and/or a request of change of the language of the Procedure of RAC.

The writing (including all the Annexes) presented by the Demanded one will be understood by Answer in which it occurs to answer to the allegations contained in the Demand in accordance with the present Regulation of RAC and the Additional Regulation of RAC.

The period of 40 days will be understood per Period of Appeal of the Sunrise during which a Demand against the decision of the Registry can be presented to register a domain name during the Sunrise period, it conforms to the gathered thing in the Sunrise Regulation.

The Policy of registry in the matter of domain names will be understood by Sunrise Regulation “ .eu ” and the Terms and Conditions for the requests of realised names of domain during the period of registry stepped and published by the Registry.

The regulation established by the Supplier will be understood by Additional Regulation of RAC that administers a Procedure of RAC, and that complements the present Regulation of RAC.

It will be understood by Terms and Conditions the Terms and Conditions for the registry of names of domain .eu ” established by the Registry.

The moment will be understood per Hour of Presentation at which the following conditions have been fulfilled:

1.    that a Demand or request of change of the language of the procedure of RAC to the Supplier has been presented correctly, and

2.    that the rate corresponding to the Procedure of RAC by the Supplier has been received.

It will be understood every day per working days of the week between Monday and Friday, that is not holidays in the country or in the state where the Supplier or the Parts, according to is the case, are forced to observe the terms as they are established in the present Regulation of RAC.

2 Communications and Terms

(a) When a Demand to the Demanded one is transmitted, will be responsibility of the Supplier to use the means reasonably found that are considered necessary to obtain that it is really notified to the Demanded one.

(b) the Supplier will fulfill this obligation to really notify to the Demanded one if the shipment to the Demanded one of the Demand or a notification with the necessary information comes to (i) about how acceding to the Demand (for example, in case of a platform online administered by the Supplier), using means established in the following section, to the email address who the Registry has communicated to the Supplier in relation to the holder of the name of registered domain, or to the headquarters of the Registry in case it is a Demand against the decision of the Registry; and (II) in case the Demanded one had not confirmed the reception of the electronic communication realised in accordance with arranged in the preceding section (i) within the five days from the shipment of the communication, sending Demand by email certificate or service of messenger, with paid franking and receipt requested, to the specified direction/ones in the preceding section (i).

(c) Unless another thing is indicated in the present Regulation of RAC, any communication written to the Plaintiff, the Demanded one or the Supplier anticipated in the present Regulation of RAC will take place by the average favourites that had indicated the Plaintiff or the Demanded one, respectively, or in case this indication does not exist, by the following:

1.    electronically by means of Internet, as long as it is had certainty of its transmission; or

2.    by means of transmission of fax or fax, with confirmation of the transmission; or

3.    certificate or service of messenger, with franking by email paid and receipt requested.

(d) Any Part will be able to update its data of contact notifying it to the Supplier and the Recorder.

(e) Unless another thing is indicated in the present Regulation of RAC, all the communications anticipated in the present Regulation of RAC will be considered received properly, conforms to the present disposition:

1.    if they had been transmitted by means of Internet, in the date in which the communication has been transmitted, as long as the date of transmission is verifiable; or

2.    if they had been transmitted by means of fax, in the date that appears in the confirmation of the transmission; or

3.    if certificate or service of messenger had been transmitted by email, in the date marked in the defense; or if not outside possible the delivery of the communication this way, to the victory of the twelve (12) next days to that the communication has been given to the supplier of mail or service of messenger.

(f) Will be responsibility of that sends the communication to conserve the voucher of the fact and the circumstances of the shipment, that he will be available for its inspection by the Supplier and to the aims of information.

(g) the newspaper of the system of messages of data of the Supplier will be considered as valid voucher
when any tests of bad operation of the system of the Supplier do not exist.

(h) Unless another thing is indicated in the present Regulation of RAC, all the terms calculated in accordance with the same will begin to count as of the earliest date in than it is considered that the communication in accordance with the Paragraph A2 (e) has taken place.

(i) To request on the one hand presented before the victory of the term or corresponding terms, the supplier and, after its appointment, the Group of Experts, will be able – to its exclusive will –
to extend the terms established hereby Regulation of RAC for the Parts, in exceptional circumstances or by agreement of both Parts. The Supplier, and after their appointment, the Group of Experts, will decide on any limited term of extension.

(j) No of the Parts nor anybody that represents them will be able to maintain one-way communicationses with the Group of Experts. All the communications between a Part and the Group of Experts or the Supplier will take place to an administrator appointed by the Supplier by means and in the form prescribed in the Additional Regulation of RAC of the Supplier.

(k) Any communication within the Procedure of RAC realised by

1.    a Group of Experts to a Part will take place through Supplier;

2.    a Part will take place through Supplier;

3.    the Supplier to any Part or on the one hand in or after the Date of Beginning of a RAC procedure will be transmitted in copy by the Supplier to the other Part and the Group of Experts.

(l) In case one Part that sends a communication receives notification of which this one has not been given, the Part will notify immediately to the Supplier the circumstances of the notification.

3 Language of the Procedure

(a) the language of the Procedure of RAC will have to be one of the official languages of the EU. Unless the Parts decide the opposite, or that it settles down of another form in the Contract of Registry, the language of the Procedure of RAC will be the language of the Contract of Registry of the name of litigious domain. For want of agreement between the Parts, the Group of Experts, to his exclusive will and considering the exceptional circumstances from the Procedure from RAC, to request in writing of the Plaintiff, presented before initiating the Demand, will be able to decide that the language of the Procedure of RAC is different from the language of the Contract of Registry of the name of litigious domain.

(b) the Procedure regarding the request of change of the language of the Procedure of RAC will be the following one:

(1) the request will appear to the Supplier in paper and electronic form and will have:

1.    to specify the information to that the Paragraphs make reference of the Regulation of RAC;

2.    to specify the asked for change of the language of the Procedure of RAC;

3.    to specify the exceptional circumstances that they justify this change of language of the Procedure of RAC;

4.    to conclude with the declaration to that Paragraph B (1) (b) makes reference (15) of the Regulation of RAC.

(2) the Supplier will confirm receipt of the request of the Plaintiff, subject to the reception of the rates to pay by virtue of the present Regulation and, if outside applicable, it will notify to the Registry the Hour of Presentation in accordance with the Paragraph of the Regulation of RAC, which will have ace same consequences that the anticipated ones in the one of the Regulation of RAC.

(3) the Supplier will notify to Demanded the request of change of the language of the Procedure of RAC within five (5) days from the reception of the rates to pay by virtue of the present Regulation.

(4) the Demanded one will have the right to present an answer to the Supplier within twelve (12) days as of the date of notification of the change request of the language of the Procedure of RAC. The answer will appear in paper and electronic form.

(5) the Supplier will confirm receipt of the reception of the Answer of the Demanded one and will appoint an only Group of Experts to decide the request. The established thing in the B5 Paragraph will be applied in the originating thing.

(6) the Group of Experts will decide if he is allowed or not the change of the language of the Procedure of RAC
solicitd within twelve (12) days as of the date of its appointment. The decision of the Group of Experts will be definitive and nonsusceptible of appeal. The decision will communicate to the Parts without delay.

(7) In case the Plaintiff presents the Demand within the term of thirty (30) working days from the reception of the decision relapse by virtue of the settled down thing in the section (b) (b) preceding, the Hour of Presentation of the request of change of the language of the Procedure of RAC will be applied with respect to the demand, as long as the corresponding rate has been paid.

(c) All the documents, including the communications conducted within the Procedure of RAC, will be written up in the language of the Procedure of RAC. The Group of Experts will be able not to consider documents presented in languages different from the language of the Procedure of RAC without he asks for his translation. All communication realised by the Supplier that, in attention to its content, cannot be considered as part of documents of the Procedure (as for example presentation letters that accompanies documents sent by the Supplier or automatic notifications generated by the application by the supplier) will be written up in the language of the Procedure of RAC or in English.

(d) the Supplier and, after it is constituted, the Group of Experts, by own initiative or at the request of a Part, will be able to demand that any document presented in languages different from the language of the Procedure of RAC goes accompanied of a total or partial translation to the language of the Procedure of RAC.

4 Solution of the Controversy by Agreement between the Parts or Other Reasons for Completion

(a) the Procedure of RAC will occur by concluded when the Group of Experts has received the confirmation of both Parts from which the same have reached an agreement about the object of the controversy.

(b) If the Parts wish to negotiate an agreement, the Plaintiff will be able to solicit that the Supplier, or after their constitution, the Group of Experts suspends the Procedure of RAC by a limited term. The term of suspension could be extended by the Group of Experts at the request of the Plaintiff. This suspension will be applied notwithstanding the obligation of the Group of Experts to send its decision in relation to the Demand to the Supplier in the term anticipated in the B12 Paragraph (b) following. The Procedure of RAC will to this end continue of automatic way when receiving a request on the part of the Demanded one or of the Plaintiff, or to the victory of this limited and specified term.

(c) the Group of Experts will finish the Procedure of RAC if it arrived at its knowledge that the controversy that has been object of the Demand definitively has been solved by a court of competent jurisdiction or an organ of alternative resolution of controversies.

(d) the Group of Experts will suspend () the Procedure (s) of RAC by virtue of the cases established in the Paragraphs B1 (f), B2 (e) and B3 (d) following.

5 Judicial Procedure

The course of the Procedure of RAC will not be affected by any judicial procedure, by virtue of which it settles down in the A4 Paragraph (c) preceding.

6 Rates

(a) the Plaintiff will pay to the Supplier a fixed initial rate, in accordance with the Additional Regulation of RAC. The Supplier will not be forced to take measurement some with respect to the Demand until it has received the initial rate. If the Supplier had not received the rate within the term of ten days from the reception of the notification of the lack of payment, it will consider the Plaintiff separated from the Demand and finished the Procedure of RAC.

(b) the Plaintiff who initiates a request of change of the language of the Procedure of RAC by virtue of Article 3 precedent or that initiates a resource against the retirement of its Demand because of its administrative deficiency in accordance with the B2 Paragraph (c) following, will pay to the Supplier independent rates, in accordance with the arranged thing in the Additional Regulation of RAC. If the Supplier had not received the rate within five (5) days as of the date of notification of the lack of payment, the request will be considered distant.

(c) the Demanded one that chooses, by virtue of the Paragraph, B3 (b) (4) so that the controversy is solved by a Group of Experts composed of three members, instead of the propose option by the Plaintiff of a Group of Experts composed of a single member, will pay to the Supplier an anticipated additional rate in the Additional Regulation of RAC. In all the other cases, the Plaintiff will pay all the rates of the Supplier.

(d) In exceptional circumstances, for example, in case a view is celebrated, the Supplier will solicit to the Part or the Parts that (n) has asked for its celebration, the payment of additional rates, that, after their constitution, will settle down in agreement with the Group of Experts before determining the date of the view.

(e) By virtue of the arranged thing in the B1 Paragraph (f) following, the paid rates will not be reimbursable.

B) COURSE OF THE PROCEDURE

1 Demand

(f) All person or organization will be able to initiate a Procedure of RAC, presenting a Demand in accordance with the Regulation of the Procedure to any Supplier. The Demand will be able to be interposed:

1.    against the Holder of the Name of Domain with respect to whose name of domain the Demand begins; or

2.    against the Registry.

In order to avoid doubts, until the domain name is registered and enters in force in relation to which the Demand has begun, a Part will be able to initiate a Procedure of RAC only against the Registry.

(g) the Demand will appear in paper and in electronic form and her it will be due:

(1) Solicitar that the Demand is put under for its resolution within a Procedure of RAC, subject to the Regulation of the Procedure;

(2) Proporcionar the name, the mailing dress and of e-mail and the phone numbers and fax of the Plaintiff, as well as of any authorized representative to act in representation of the Plaintiff in the Procedure of RAC;

(3) Especificar the preferred form to carry out the communications directed to the Plaintiff in the Procedure of RAC (including the person of contact, mass media selected and the information about the direction);

(4) Designar if the Plaintiff chooses so that the controversy is decided by a Group of Experts composed of an only member or of three members and, in case the Plaintiff decides on a Group of Experts composed of three members, to provide the names of three candidates that can act as Members of the Group of Experts (these candidates could be selected among the list of experts of the Supplier that administers the procedure); insofar as he is viable, these candidates must not have seen in the last involved three (3) years in any Procedure of previous RAC where the Plaintiff had been one of the Parts;

(5) Proporcionar the name of the Demanded one, and in case of Procedure of RAC against a Holder of Name of Domain, to provide all the information (including any mailing dress and of e-mail, as well as the numbers of TV phono and fax) well-known by the Plaintiff on the way to put itself in touch with Demanded or the any representative of the Demanded one, including the information that is based on relations previous to the Demand, sufficiently detailed to allow that the Supplier sends the Demand to the Demanded one as is described in the Paragraph A2 (a);

(6) Especificar () the name (s) of domain that is (n) object of the Demand;

(7) Identificar to () the Recording one (it is) before () that has registered () the name (s) of domain at the moment at which the Demand has appeared (nonapplicable to Demands presented against (s) the decision (it is) of the Registry before registering the name of litigious domain);

(8) In the case of appearing the Demand against the (s) decision (it is) of the Registry, to identify (s) the decision (it is) of the Registry and to indicate if the decision controversy object talks about to the registry of a name of domain within the Sunrise period.

(9) Especificar the names with respect to which have been recognized or established a right by the national legislation of a Communitarian Member State and/or. In relation to each name, to describe with exactitude the type of right (s) alleged, to specify (s) the law (it is), as well as the conditions in which right saying is clear and/or establishes.

(10) To describe, in accordance with the present Regulation of RAC, the reasons on which the Demand is based, including, in particular,

(i) In the case of a Procedure of RAC against the Holder of the Name of Domain with respect to whose name of domain the Demand begins:

1.    the reasons by which it is considered that the domain name agrees or is confusing with another one (s) name (s) on () which it has been recognized or established a right or rights by the national and/or Communitarian law (as specific and is described in accordance with Paragraph B 1 (b) (9)); and, or

2.    the reasons by which it is considered that the domain name has been registered by the holder lacking rights or I interest legitimate on the domain name object of the Demand; or

3.    the reasons by which it would have to be considered that the domain name has been registered or used of bad faith.

(II) In the case of a Procedure of RAC against the Registry, the reasons by which the decision made by the Registry enters conflict with the Regulations of the European Union.

(11) To specify, in accordance with the present Regulation of RAC, the legal solutions that are tried to obtain (it down see the Paragraph B11 (b) and (c))

(12) In case the Plaintiff asks for the transference of the domain name, to provide tests that the Plaintiff fulfills the general criteria of elegibility for the registry settled down in the Paragraph 4(2) (b) of Regulation (EC) not 733/2002;

(13) To identify any other legal procedure that has been begun or finished in relation to () the name (s) of domain object of the Demand;

(14) To declare that the Plaintiff will be put under, with respect to any resources to the decision who is adopted in the Procedure of RAC to revoke or to transfer the domain name, to the jurisdiction of the courts of at least one Mutual Jurisdiction of the specified ones in accordance with the A1 Paragraph;

(15) To conclude with the followed declaration following of the signature of the Plaintiff or his authorized representative:

“ the Plaintiff certifies that all the information contained in the present Demand is complete and exact.

The Plaintiff is in agreement with the processing of his personal data by the Supplier in the necessary measurement for the fulfillment of the responsibilities of the Supplier in relation to the present procedure.

Also, the Plaintiff is in agreement with the publication of the complete decision (including the contained personal data in the same) emitted in the Procedure of RAC hereby initiated Demand in the language of the Procedure of RAC and in an English translation to the nonofficial realised by the Supplier.

In addition, the Plaintiff agrees that their claim and the legal solutions that it asks for in relation to the registry of the name of domain, the controversy or the resolution of the controversy, will only affect to the holder of the name of domain and by means of the present resignation to any claim against

1.    the Supplier, as well as against its directors, officials, employees, advisers and agents, except in the case of deliberate infraction;

2.    the Members of the Group of Experts, except in the case of deliberate infraction;

3.    the Recorder, except in the case of deliberate infraction; and

4.    the Registry, as well as its directors, officials, employees, advisers and agents, except in the case of deliberate infraction;

(16) To enclose all type of documentary evidences or another nature, including any test regarding the rights on which the Demand is based, along with an enumeration of these tests.

(17) To include all form anticipated in the Additional Regulation of RAC and to fulfill all the established formal requirements in the Additional Regulation of RAC, including any limit of words.

(h) the Demand will be able to include more of a domain name, as long as the Parts and the language of the Procedure of RAC are identical.

(i) the Supplier will confirm the reception of the Demand of the Plaintiff, with the condition of which it has received the rates to pay.

(j) As soon as it is possible as of the Hour of Presentation, but in any case at the most within five (5) days as of the date of the Hour of Presentation and before the notification to the Demanded one by virtue of following the B2 article, the Supplier will inform to the Registry about the identity of the Plaintiff and () the name (s) of affected domain (s). When receiving the information of the Supplier, the Registry will block the domain name object of controversy in accordance with the Terms and Conditions of the Registry of Names of Domain .eu.

(k) Any Procedure of RAC against a Holder of Name of Domain with one Hour of later Presentation with respect to () the same (s) name (s) of domain will be suspended until knowing the result the Procedure of RAC initiated by the Demand with the Hour of older Presentation. If in the Procedure of RAC the Group of Experts decides to grant to the Plaintiff the asked for legal solutions, all the procedures of suspended RAC will occur by finished and all the paid rates will collect. If in the RAC procedure the Group of Experts rejects the Demand, the Supplier will activate the next Demand at the time of Presentation. The Supplier will notify to () the Plaintiff (s) the completion, activation or continuation of the suspension of his (s) Demand (s) in writing within five (5) days as of the date in which the decision of the Group of Experts regarding the previous Demand has been emitted.

(l) In case a Procedure of RAC against the Registry with one Hour of Presentation the one of another Procedure of RAC against the Registry with respect to the same decision taken by the Registry begins subsequent to, the Procedure of RAC against the Registry with the later Hour of Presentation will occur by finished and all the paid rates will collect.

(m) Nothing of the arranged thing in the Paragraph 15, (i) a (III) preceding, will prevent the Plaintiff to initiate a Procedure of RAC against the Registry if the decision taken by the Registry enters conflict with the Regulations of the European Union.

(n) In the case of a Procedure of RAC against the Registry, any request of the Plaintiff with respect to documents or another information regarding the decision of the Registry against which a resource in the Procedure of RAC appears will go directly to the Registry, in accordance with the Policy of Registry.

2 Notification of the Demand

(a) the Supplier will examine the Demand in order to determine if it fulfills the dispositions of the Regulation of the Procedure from the administrative point of view and, if yes, will send the Demand (along with the explanatory cover prescribed by the Additional Regulation of RAC of the Supplier) the Demanded one, in the form prescribed in the Paragraphs A2 (a) and A2 (b), within five (5) working days from the reception of the rates that the Plaintiff has to pay in accordance with the A6 Paragraph.

(b) If the Supplier considers that the Demand does not fulfill the dispositions of the Regulation of the Procedure from the administrative point of view, will notify immediately to the Plaintiff and Demanded the nature of the identified defects. If the defects are excusable, the Plaintiff will have a term of seven (7) days to correct any defect and to present a corrected Demand, passed which, if the rectification does not take place, the Supplier will inform to the Plaintiff who the Procedure of RAC will consider retired officer by administrative defect, still with the possibility that the Plaintiff formulates a different Demand.

(c) the Plaintiff can interpose resource against the retirement of its Demand due to administrative defects, by virtue of the established thing in the B2 Paragraph (b) preceding. The Procedure regarding this resource will be as it follows:

(1) the request will appear to the Supplier within 5 days from the reception of the communication informing into retirement and:

1.    it will specify the information to that the Paragraphs talk about, B1 (b) (b2), B1 (b) (6) and B1 (b) (8) (if outside applicable) of the Regulation of RAC

2.    it will specify the request of revocation of the retirement of the Demand due to administrative defect;

3.    it will specify the reasons for the request of asked for revocation;

4.    it will conclude with the declaration to that the Paragraph B1 (b) (15) of the Procedure of RAC talks about.

(2) the Supplier will confirm the reception of the request of the Plaintiff, holds to the reception of the rates to pay by virtue of the Paragraph A6 (a) preceding and will name to a Group of Experts made up of an only member to decide the request. The B5 Paragraph will be applied to this end.

(3) the Group of Experts will emit a decision about if the asked for resource is considered or not, within twelve (12) days as of the date of his appointment. The decision of the Group of Experts will be definitive and nonsusceptible of appeal. The decision will communicate to the Plaintiff without delay.

(d) the Supplier will immediately notify the Plaintiff, to Demanded and the Registry the Date of Beginning of the Procedure of RAC.


(e) the Supplier will suspend the Procedure of RAC until the procedures anticipated in the Paragraphs B2 (b) and B2 are completed (c) preceding.

3 Answer

(a) Within thirty (30) working days as of the date of delivery of the Demand in accordance with the A2 Paragraph (b), the Demanded one will present an Answer to the Supplier.

(b) the Answer will appear in paper and in electronic form and her it will be due:

1.    To provide the name, the mailing dress and of e-mail and the numbers of TV phono and fax of the Demanded one, as well as of any authorized representative to act in representation of the Demanded one in the Procedure of RAC;

2.    To specify the preferred form to carry out the communications directed to the Demanded one in the Procedure of RAC (including the person of contact, mass media selected and the information about the direction);

3.    In case the Plaintiff has decided in the Demand on a Group of Experts composed of an only member (it see B1 Paragraph (b) (3)), to indicate if the Demanded one, on the contrary, chooses so that the controversy is decided by a Group of Experts composed of three members;

4.    In case the Plaintiff or the Demanded one decides on a Group of Experts composed of three members, to provide the names and data of contact of three candidates who can act as Members of the Group of Experts (these candidates they could be selected among the list of Experts of the Supplier); insofar as he is viable, these candidates must not have seen in the last involved three (3) years in any Procedure of previous RAC where the Demanded one had been one of the Parts;

5.    To identify any other legal procedure that has begun or finished in relation to () the name (s) of domain object of the Demand;

6.    To describe, in accordance with the present Regulation of RAC, the reasons on which the Answer is based.

7.    To conclude with the followed declaration following of the signature of the Demanded one or its authorized representative:
“ the Demanded one certifies that all the information contained in the present Answer is complete and exact.
The Demanded one is in agreement with the processing of its personal data by the Supplier in the necessary measurement for the fulfillment of the responsibilities of the Supplier in relation to the present procedure.
Also, the Demanded one is in agreement with the publication of the complete decision (including the contained personal data in the same) emitted in the present Procedure of RAC in the language of the Procedure of RAC and in an English translation to the nonofficial realised by the Supplier.
Hereby, the Demanded resignation to all claim and legal resources regarding
present Procedure of RAC:
(i) to the Supplier, as well as to its directors, officials, employees, advisers and agents, except in the case of deliberate infraction; (II) to the Members of the Group of Experts, except in the case of deliberate infraction; (III) to the Recorder, except in the case of deliberate infraction; and (IV) to the Registry, as well as to its directors, officials, employees, advisers and agents, except in the case of deliberate infraction. ”

8.    To enclose all type of documentary evidences or another nature, including any test regarding the rights on which the Answer is based, along with an enumeration of these tests.

9.    To include all form anticipated in the Additional Regulation of RAC and to fulfill all the established formal requirements in the Additional Regulation of RAC, including any limit of words.

(c) In case the Plaintiff has chosen so that the controversy is decided by a Group of Experts composed of an only member and the Demanded one has decided on a Group of Experts composed of three members, the Demanded one will be forced to pay a rate in accordance with the predicted thing in the A6 Paragraph (b). This payment will take place along with the presentation of the Answer to the Supplier. In case the payment does not take place, the controversy will be decided by a Group of Experts composed of an only member.

(d) the Supplier will confirm the reception of the Answer to the Demanded one. If the Supplier considers that the Answer does not fulfill the dispositions of the Regulation of the Procedure from the administrative point of view, will notify immediately to Demanded the nature of the identified defects. If the defects are excusable, the Demanded one will have a term of seven (7) days to correct any defect and to present a corrected Answer, passed which the Answer will be considered as not presented by the Demanded one. The Supplier will suspend the Procedure of RAC until first one of the following cases happens:

1.    the Supplier receives the corrected Answer or

2.    it overcomes the term anticipated in this Paragraph.

(e) the Supplier will send the Answer that fulfills the administrative requirements to the Plaintiff without delay.

(f) In case the Demanded one does not present a present Answer or only one Answer with administrative defects, the Supplier will notify to the Parts the breach of the Demanded one. The Supplier will send to the Group of Experts, for its information, and to the Plaintiff, the Answer with administrative defects presented by the Demanded one. The notification on the part of the Supplier of the breach of the Demanded one does not affect to the right of the Demanded one to choose so that the controversy is decided by a Group of Experts composed of three members by virtue of the B3 Paragraph (b) (4) precedent, as long as the predicted rates in the A.6 Paragraph have been paid (c) preceding.

(g) the Demanded one will be able to interpose a resource against the notification of the Supplier that puts record of the breach of the Demanded one, presenting it in writing to the Supplier within five (5) days from the reception of the notification informing into the breach into the Demanded one. The Supplier will confirm the reception of the resource of the Demanded one and will send this resource to the Group of Experts within three (3) days from its reception. The resource of the Demanded one will be valued by the Group of Experts to its exclusive will as it leaves from the process of decision making. If the Group of Experts confirms that the Answer presents administrative defects, the Group of Experts will be able to only solve the controversy on the basis of the Demand.

(h) Nothing of the arranged thing in the Paragraph 7, (i) a (III) preceding, will prevent to the Demanded one to initiate a procedure of RAC against a decision of the Registry that enters conflict with the Regulations of the European Union.

4 Appointment of the Group of Experts and Term of Decision

(a) the selection of the Members of the Group of Experts will become in accordance with the internal procedures that apply the Suppliers. The Members of the Group of Experts will count on the due experience and its selection will become of objective way, is transparent and nondiscriminatory. All the Suppliers will maintain and publish a list of Members of the Group of Experts available and its professional antecedents that will be at the disposal of the public.


(b) If neither the Plaintiff nor the Demanded one have decided on a Group of Experts composed of three members (see Paragraphs B1 (b) (3) and B3 (b) (4)), the Supplier will name an only Member of the Group of Experts among its list of Members of the Group of Experts.


(c) Unless already it had been decided on a Group of Experts composed of three members, the Plaintiff will present to the Supplier, within the term of four (4) days from the notification of an Answer in which the Demanded one decides on a Group of Experts composed of three members, the names and data of contact of three candidates who can act as Members of the Group of Experts. These candidates will be able to select themselves among the list of Members of the Group of Experts of the Supplier; insofar as he is viable, these candidates must not have seen in the last involved three (3) years in any Procedure of previous RAC in which the Plaintiff had been one of the Parts.

 

(d) In case the Plaintiff or the Demanded one decides on a Group of Experts composed of three members, the Supplier will try to name a Member of the Group of Experts among the list of candidates provided by the Plaintiff, a Member of the Group of Experts among the list of candidates provided by Demanded and a Member of the Group of Experts among the list of Members of the Group of Experts of the Supplier. In case one of the Parts has not presented its list of candidates correctly, the Supplier will name a Member of the additional Group of Experts among its list of Members of the Group of Experts.

(e) Once all the Group of Experts has named, the Supplier will notify to the Parts the Members of the Group of designated Experts and the date limit in which, without exceptional circumstances exist, the Group of Experts will send to the Supplier the decision that has taken on the Demand.

5 Impartiality and Independence

(a) the Members of the Group of Experts must not have any personal interest or economic in the results of the controversy and they will be committed to act with good faith, honesty and the diligence due in the resolution of the controversy. The Members of the Group of Experts will be committed to maintain the confidential character of all the information of which they had knowledge as a result of his participation in the Procedure of RAC, unless the information are including in the decision that is going away to publish.

(b) All Member of the Group of Experts will be impartial and independent and, before accepting his appointment, it will have to communicate to the Supplier all circumstance that can create a reasonable doubt on the impartiality or the independence of this Member of the Group of Experts. If at some time from the Procedure of RAC new circumstances arose that can create a reasonable doubt on the impartiality or independence of the Member of the Group of Experts, this Member of the Group of Experts will communicate immediately these circumstances to the Supplier. In such case, the Supplier will be qualified to name a Member of the Group of Experts substitute.

(c) Regardless of the anticipated thing in the previous Paragraphs, the Parts will also have right to challenge the appointment of a Member of the Group of Experts. The Part that challenges to a Member of the Group of Experts will have to set out to the Supplier its reasons for this rejection. The rejection will appear both within (2) next days to the reception of the notification of the appointment of this Member of the Group of Experts, or as of the moment in which the circumstances have been known that can create a reasonable doubt on the impartiality or independence of the Member of the Group of Experts.

(d) In case the Member of the Group of Experts has been challenged by one of the Parts, the other Part and/or the Member of the Group of Experts challenged will have right to present their answer.

This right will be exerted both within (2) next days to the reception of the notification mentioned in the previous Paragraph.

(e) the Supplier will decide on the rejection and its decision will be definitive and nonsusceptible of appeal.

6 Transmission of the File to the Group of Experts

The Supplier will transmit the file to the Group of Experts as soon as the Member of the Group of Experts is named, in the case of a Group of Experts composed of a single member, or as soon as the last Member of the Group of Experts is named, in the case of a Group of Experts composed of three members.

7 General Faculties of the Group of Experts

(a) the Group of Experts will lead the Procedure of RAC in the form that it considers appropriate in accordance with the present Regulation of the Procedure. The Group of Experts, to his exclusive will, will not be forced but he will be qualified to carry out its own investigations in relation to the circumstances of the case.

(b) In all the cases, the Group of Experts will make sure that the Parts are dealed with justice and equality.

(c) the Group of Experts will make sure that the Procedure of RAC is transacted with the due diligence.

(d) the Group of Experts, to its exclusive will, will determine the admissibility, relevance, relative importance and weight of the tests.

8 Other Declarations

In addition to the Demand and of the Answer, the Group of Experts, to his exclusive will, will be able to demand or to accept other declarations or documents of anyone of the Parts.

9 Views

They will not take to end seen (including the views by videophone conference, videoconference and conference via Internet). The decision will be based on documents or other types of tests written, unless the Group of Experts determines, to its exclusive will and of exceptional way, that is necessary to take to end this view to solve the controversy.

10 Breach

(a) In case a Part does not fulfill some of the terms established hereby Regulation of RAC or by the Group of Experts, the Group of Experts will be able to give course to the Demand and to consider this defect as Part bases to accept the demanded rights on the other.

(b) Unless the opposite in the present Regulation of RAC indicates itself, if a Part fails to fulfill some disposition or exigency of the present Regulation of RAC, the Additional Regulation of RAC or some request of the Group of Experts, this last one will value such interferences as it considers opportune.

11 Bases for the Decision

(a) the Group of Experts will solve the Demand having in account the presented declarations and documents and in accordance with the present Regulation of the Procedure.

(b) the legal solutions available in accordance with a Procedure of RAC in case the Demanded one is the Holder of the Name of Domain with respect to which has initiated the Demand, will be limited the revocation of the name or litigious names of domain or, in case the Plaintiff has fulfilled the general criteria of elegibility for the registry settled down in the Paragraph (b) of the section (2) of Article 4 of Regulation (EC) no. 733/2002, to the transference of the name or litigious names of domain to the Plaintiff.

(c) the main legal solution available in agreement with a Procedure of RAC in case the Demanded one is the Registry, will be the cancellation of the opposed decision that has been made by the Registry. The Group of Experts will be able to decide, in the cases in that he comes and in accordance with the Regulation from the Procedure, the Policy of Registry, the Sunrise Regulation and/or the Terms and Conditions, that is come to the transference, revocation or allocation of the domain name. Nevertheless, concerning any decision of the Registry in the matter of a previous right demanded during the period of staggered registry, such measures of transference and allocation they will be granted by the Group of Experts only if in relation to this name of domain, the Plaintiff is the following candidate in the tail, with respect to that name of domain, according to the principle “ to first that she arrives she is to first that she is taken care of ”, and all this subject to the decision of the Registry of which
Plaintiff fulfills with all the criteria of registry settled down in the Regulations of the European Union and the subsequent activation by the Registry of the name of domain the Plaintiff who is the following candidate in the tail.

(d) the Group of Experts will emit a decision in which it will grant the asked for legal solutions in accordance with the Regulation of the Procedure, in case the Plaintiff has tried

(1) in a Procedure of RAC where the Demanded one is the holder of a registry of domain name “ .eu ” with respect to which the Demand has begun, that

(i) the domain name agrees or is confusing with another one (s) name (s) on () that has been recognized or established a right or rights by virtue of the national legislation of a Member State and/or the Communitarian legislation; or
(II) the domain name has been registered by the Demanded one lacking rights or I interest legitimate on the domain name; or
(III) the domain name has been registered and is being used of bad faith.

(2) in a Procedure of RAC where the Demanded one is the Registry, that the decision made by the Registry enters conflict with the Regulations of the European Union.


(e) the concurrence of some of the following circumstances, without their enunciation is limiting, considered by the Group of Experts as tried in attention to the examination of all the presented tests, will be able to demonstrate the rights or I interest legitimate of the Demanded one on the name of
domain for the purposes of the B11 Paragraph (d) (1) (i).

(1) prior to the notification of the controversy, the Demanded one has used the name of domain or a name of corresponding domain to offer goods or services, or has realised demonstrable preparatory acts to this end;

(2) the Demanded one, is a company, an organization or a natural person, has been commonly well-known by the domain name, even though she lacks rights recognized or established by the national and/or Communitarian legislation;

(3) the Demanded one is making a legitimate and noncommercial use or of bad faith of the name of domain, without intention to deceive the consumers or to damage the reputation of a name on which it has been recognized or established a right by the national and/or Communitarian legislation.

(f) For the purposes of the B11 Paragraph (d) (1) (III), the concurrence to criterion of the Group of Experts of the following circumstances, without their enunciation is limiting, will constitute evident test of the registry or use of the name of domain of bad faith:

(1) circumstances that they indicate that it has been registered or acquired the name of domain with the main intention to sell it, to rent it or to transfer of any other form the name of domain to the holder of a name with respect to which it has been recognized or established a right by the national and/or Communitarian legislation or to a public organism; or

(2) the domain name has been registered to prevent that the holder of this name with respect to which has been recognized or established a right by the national and/or Communitarian legislation, or by a public organism, uses the name at issue as domain name, as long as:

1.    that landlord of conduct on the part of the Demanded one can demonstrate itself, or

2.    a pertinent use of the domain name has not taken place during at least two years from the date of the registry, or

3.    circumstances exist where, at the time of beginning a Procedure of RAC, the Demanded one it has declared his intention to make use of the name of domain with respect to which it has been clear or established a right by the national and/or Communitarian legislation, or corresponds to the name of a public organism of excellent way, but it has not taken to effect this intention within six months as of the date of beginning of the Procedure of RAC;

(3) the domain name was registered with the main intention to disturb the development of the professional activities of a competitor, or

(4) the domain name was used deliberately to attract users of Internet, with the purpose of to obtain commercial benefits to a page of the Demanded one in Internet or to another location online creating a possibility of confusion with a name with respect to which it has been recognized or established a right by the national and/or Communitarian legislation, or is a name of a public organism, in relation to the origin, sponsorship, affiliation or endorsement of the page in Internet or in question location, or a product or service offered in the page in Internet or the location of the Demanded one; or

(5) the name of registered domain is a person name and demonstrable bonds between Demanded and this name do not exist.

12 Process of Form and Decision making of Decisions

(a) the decisions of the Members of the Group of Experts will be definitive, nonsusceptible of appeal, and binding for the Parts, notwithstanding the right of the Parts to initiate a judicial procedure in a Mutual Jurisdiction that has consequences for the implementation of a decision, as it is established in the Terms and Conditions.

(b) the Group of Experts will transmit its decision on the Demand to the Supplier within a month from the reception of an Answer that fulfills the administrative requirements, emitted by the Supplier, or after the victory of the term for its presentation.

(c) In case one is a Group of Experts composed of three members, the decision of the Group will be taken by simple majority.

(d) the decision of the Group of Experts will be in writing, and in the same the reasons will be contained that have served to their foundation, will indicate the date in which it has been adopted and the name (s) of () the Member ones of the Group of Experts will be identified (). If the Group of Experts decides that is to come themselves to the revocation or transference of the name from litigious domain to the Plaintiff, it will have to establish that the Registry executes the decision within thirty (30) next days to the notification of the decision to the Parts, unless the Demanded one initiates judicial procedures in a Mutual Jurisdiction (it see B12 Paragraphs (a) and B14).

(e) the decisions of the Group of Experts will fulfill the established formal requirements in the Additional Regulation of RAC of the Supplier.

(f) If the Group of Experts concludes that the controversy is outside the reach of Regulation (EC) no. 874/2004, will have to indicate it thus.

(g) If the Plaintiff

(1) it has demonstrated that the domain name agrees or is sufficiently similar to cause to confusion with another one (s) name (s) on () that the Plaintiff owns a right
recognized or established by the national legislation of a Communitarian Member State and/or, and

(2) it has not demonstrated the absence of rights and I interest legitimate on the part of the Demanded one, as specific it the B11 Paragraph (d) (1) (i) of the present Regulation of RAC, and

(3) it has based its Demand on the B11 Paragraph (f) (2) (III) of the present Regulation of RAC stops
to demonstrate bad faith, and

(4) it has not proven other reasons for bad faith,

the Group of Experts will emit a provisional decision having indicated his conclusions on the subjects (1) up to (4) above-mentioned and will suspend the procedure until a term of six months following later at the time of Presentation. In such case (and if the Demanded one does not present tests of excellent use to the victory of the postponed date and the Plaintiff prove the predicted remaining elements in the B11 Paragraph (f) (2) (III)), the Group of Experts will decide if he grants or not to the Plaintiff the asked for legal solutions. Under all the other circumstances, the Group of Experts will emit a decision without reference to the B11 (f) (2) (III). All the tests presented by the Demanded one will have to be accompanied of a declaration indicating that all the information is complete and exact and will have to be sent to the Plaintiff. The Plaintiff will have right to present an answer in relation to the tests of the Demanded one within fifteen (15) days from the reception of the same.

(h) In case when considering the arguments, the Group of Experts concludes that the Demand has begun of bad faith, the Group of Experts will declare in his decision that the Demand has begun of bad faith and constitutes an abusive use of the administrative procedure.

(i) All the decisions of the Group of Experts will contain a brief summary in English in accordance with the directives established by the Supplier.

13 Communication of the Decision to the Parts

(a) Within the term of three (3) working days following to the reception of the definitive decision of the Group of Experts, the Supplier will communicate the complete text of the decision to each one of the Parts, the interested Cash registers and the Registry.

(b) the Supplier will publish the complete decision in a website of public access.

14 Implementation of a decision

The implementation of a decision will be realised in accordance with the Terms and Conditions.

C FINAL DISPOSITIONS

1 Exoneration of the Responsibility

Safe in the case of deliberate infraction, neither the Supplier nor no Member of the Group of Experts will be responsible before a Part for any act or omission in relation to any Procedure of RAC that is carried out by virtue of the present Regulation of RAC.

2 Modifications

The version of the present Regulation of RAC that is in force at the time of presentation of the Demand to the Supplier will be applied to the Procedure of RAC initiated under protection of the same. The Registry will be able to modify the present Regulation of RAC at any time after to have consulted to all the Suppliers.

3 Date of Entrance in force

The present Regulation of RAC will be applied to all the presented Demands the day of 7 of December of 2005 or after this date.

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