Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration (Text with EEA relevance)
Date: 2004-04-28
Institutions: European Commission
Subjects: European symbol, Internet address, arbitration, operation of the Institutions, registered trade mark

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COMMISSION REGULATION (EC) No 874/2004

of 28 April 2004

laying down public policy rules concerning the implementation and functions of the .eu Top
Level Domain and the principles governing registration

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

disputes between registrars and registrants on matters
concerning Community titles should be the law of one
of the Member States.

Having regard to Regulation (EC) No 733/2002 of the Euro-
pean Parliament and of the Council of 22 April 2002 on the
implementation of the .eu Top Level Domain (1), and in par-
ticular Article 5(1) thereof,

(6)

Registrars should require accurate contact information
from their clients, such as full name, address of domicile,
telephone number and electronic mail, as well as infor-
mation concerning a natural or legal person responsible
for the technical operation of the domain name.

Having consulted the Registry in accordance with Article 5(1)
of Regulation (EC) No 733/2002,

Whereas:

(7)

The Registry policy should promote the use of all the
official languages of the Community.

(1)

(2)

(3)

(4)

(5)

The initial implementation stages of the .eu Top Level
Domain (TLD), to be created pursuant to Regulation (EC)
No 733/2002, have been completed by designating a
legal entity, established within the Community to admin-
ister and manage the .eu TLD Registry function. The
Registry, designated by Commission Decision 2003/375/
EC (2), is required to be a non-profit organisation that
should operate and provide services on a cost covering
basis and at an affordable price.

Requesting a domain name should be possible through
electronic means in a simple, speedy and efficient proce-
dure, in all official languages of the Community, through
accredited registrars.

Accreditation of registrars should be carried out by the
Registry following a procedure that ensures fair and
open competition between Registrars. The accreditation
process should be objective, transparent and non-discri-
minatory. Only parties who meet certain basic technical
requirements to be determined by the Registry should be
eligible for accreditation.

(8)

(9)

Registrars should only accept applications for the regis-
tration of domain names filed after their accreditation
and should forward them in the chronological order in
which they were received.

(10)

To ensure better protection of consumers' rights, and
without prejudice to any Community rules concerning
jurisdiction and applicable law, the applicable law in

(1) OJ L 113, 30.4.2002, p. 1.
(2) OJ L 128, 24.5.2003, p. 29.

Pursuant
to Regulation (EC) No 733/2002, Member
States may request that their official name and the name
under which they are commonly known should not be
registered directly under .eu TLD otherwise than by
their national government. Countries that are expected
to join the European Union later than May 2004 should
be enabled to block their official names and the names
under which they are commonly known, so that they
can be registered at a later date.

A Member State should be authorised to designate an
operator that will register as a domain name its official
name and the name under which it
is commonly
known. Similarly, the Commission should be authorised
to select domain names for use by the institutions of the
Community, and to designate the operator of
those
domain names. The Registry should be empowered to
reserve a number of specified domain names for its
operational functions.

In accordance with Article 5(2) of Regulation (EC) No
733/2002, a number of Member States have notified to
the Commission and to other Member States a limited
list of broadly-recognised names with regard to geogra-
phical and/or geopolitical concepts which affect their
political or territorial organisation. Such lists include
names that could either not be registered or which could
be registered only under the second level domain in
accordance with the public policy rules. The names
included in these lists are not subject to the first-come
first-served principle.

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(11)

first-come-first-served should be the
The principle of
basic principle for resolving a dispute between holders
of prior rights during the phased registration. After the
termination of the phased registration the principle of
first come first served should apply in the allocation of
domain names.

(12)

(13)

In order to safeguard prior rights recognised by Com-
munity or national law, a procedure for phased registra-
tion should be put in place. Phased registration should
take place in two phases, with the aim of ensuring that
holders of prior rights have appropriate opportunities to
register the names on which they hold prior rights. The
Registry should ensure that validation of the rights is
performed by appointed validation agents. On the basis
of evidence provided by the applicants, validation agents
should assess the right which is claimed for a particular
name. Allocation of that name should then take place
on a first-come, first-served basis if there are two or
more applicants for a domain name, each having a prior
right.

The Registry should enter into an appropriate escrow
agreement to ensure continuity of service, and in par-
ticular to ensure that in the event of re-delegation or
other unforeseen circumstances it is possible to continue
to provide services to the local Internet community with
minimum disruption. The Registry should also comply
with the relevant data protection rules, principles, guide-
lines and best practices, notably concerning the amount
and type of data displayed in the WHOIS database.
Domain names considered by a Member State court to
be defamatory, racist or contrary to public policy should
be blocked and eventually revoked once the court deci-
sion becomes final. Such domain names should be
blocked from future registrations.

(14)

the registration period,

In the event of the death or insolvency of a domain
if no transfer has been initiated at the
name holder,
the domain name
expiry of
should be suspended for 40 calendar days. If the heirs or
administrators concerned have not registered the name
during that period it should become available for general
registration.

(16)

(17)

(18)

(19)

The Registry should provide for an ADR procedure
which takes into account the international best practices
in this area and in particular the relevant World Intellec-
tual Property Organization (WIPO) recommendations, to
ensure that speculative and abusive registrations are
avoided as far as possible.

The Registry should select service providers that have
appropriate expertise on the basis of objective, trans-
parent and non-discriminatory criteria. ADR should
respect a minimum of uniform procedural rules, similar
to the ones set out in the Uniform Dispute Resolution
Policy adopted by the Internet Corporation of Assigned
Names and Numbers (ICANN).

In view of the impending enlargement of the Union it is
imperative that the system of public policy rules set up
by this Regulation enter into force without delay.

The measures provided for in this Regulation are in
accordance with the opinion of the Communications
Committee established by Article 22(1) of Directive
the
2002/21/EC of
Council (1),

the European Parliament and of

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER

Article 1

Subject matter

This Regulation sets out the public policy rules concerning the
implementation and functions of the .eu Top Level Domain
(TLD) and the public policy principles on registration referred
to in Article 5(1) of Regulation (EC) No 733/2002.

CHAPTER II

PRINCIPLES ON REGISTRATION

Article 2

(15) Domain names should be open to revocation by the
Registry on a limited number of specified grounds, after
giving the domain name holder concerned an opportu-
nity to take appropriate measures. Domain names
should also be capable of revocation through an alterna-
tive dispute resolution (ADR) procedure.

Eligibility and general principles for registration

An eligible party, as listed in Article 4(2)(b) of Regulation (EC)
No 733/2002, may register one or more domain names
under .eu TLD.

(1) OJ L 108, 24.4.2002, p. 33.

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Without prejudice to Chapter IV, a specific domain name shall
be allocated for use to the eligible party whose request has
been received first by the Registry in the technically correct
manner and in accordance with this Regulation. For
the
purposes of this Regulation, this criterion of first receipt shall
be referred to as the ‘first-come-first-served’ principle.

Once a domain name is registered it shall become unavailable
for further registration until the registration expires without
renewal, or until the domain name is revoked.

Unless otherwise specified in this Regulation, domain names
shall be registered directly under the .eu TLD.

Article 4

Accreditation of registrars

Only registrars accredited by the Registry shall be permitted to
offer registration services for names under the .eu TLD.

The procedure for the accreditation of registrars shall be deter-
mined by the Registry and shall be reasonable, transparent and
non-discriminatory, and shall ensure effective and fair condi-
tions of competition.

Domain name registration shall be valid only after the appro-
priate fee has been paid by the requesting party.

Registrars are required to access and use the Registry's auto-
mated registration systems. The Registry may set further basic
technical requirements for the accreditation of registrars.

Domain names registered under the .eu TLD shall only be
transferable to parties that are eligible for registration of .eu
domain names.

The Registry may ask registrars for advance payment of regis-
tration fees, to be set annually by the Registry based on a
reasonable market estimate.

Article 3

Requests for domain name registration

The request for domain name registration shall include all of
the following:

The procedure, terms of accreditation of registrars and the list
of accredited registrars shall be made publicly available by the
Registry in readily accessible form.

Each registrar shall be bound by contract with the Registry to
observe the terms of accreditation and in particular to comply
with the public policy principles set out in this Regulation.

(a) the name and address of the requesting party;

Article 5

(b) a confirmation by electronic means from the requesting
party that it satisfies the general eligibility criteria set out in
Article 4(2)(b) of Regulation (EC) No 733/2002;

(c) an affirmation by electronic means from the requesting
party that to its knowledge the request for domain name
registration is made in good faith and does not infringe any
rights of a third party;

(d) an undertaking by electronic means from the requesting
party that it shall abide by all the terms and conditions for
registration, including the policy on the extra-judicial settle-
ment of conflicts set out in Chapter VI.

Any material inaccuracy in the elements set out in points (a) to
(d) shall constitute a breach of the terms of registration.

Any verification by the Registry of the validity of registration
applications shall take place subsequently to the registration at
the initiative of the Registry or pursuant to a dispute for the
registration of the domain name in question, except for appli-
cations filed in the course of the phased registration procedure
under Articles 10, 12, and 14.

Provisions for registrars

Without prejudice to any rule governing jurisdiction and
applicable law, agreements between the Registrar and the regis-
trant of a domain name cannot designate, as applicable law, a
law other than the law of one of the Member States, nor can
they designate a dispute-resolution body, unless selected by the
Registry pursuant to Article 23, nor an arbitration court or a
court located outside the Community.

A registrar who receives more than one registration request for
the same name shall forward those requests to the Registry in
the chronological order in which they were received.

Only applications received after the date of accreditation shall
be forwarded to the Registry.

Registrars shall require all applicants to submit accurate and
reliable contact details of at least one natural or legal person
responsible for the technical operation of the domain name
that is requested.

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Registrars may develop label, authentication and trustmark
schemes in order to promote consumer confidence in the relia-
bility of information that is available under a domain name
that
in accordance with applicable
is registered by them,
national and Community law.

the Registry shall
Upon the resolution of any objections,
publish on its web site two lists of names. The one list shall
contain the list of names that the Commission shall have noti-
fied as ‘not registrable’. The other list shall contain the list of
names that the Commission shall have notified to the Registry
as ‘registrable only under a second level domain’.

CHAPTER III

LANGUAGES AND GEOGRAPHICAL CONCEPTS

Article 8

Article 6

Languages

Registrations of .eu domain names shall start only after the
Registry has informed the Commission that the filing of appli-
cations for the registration of .eu domain names and commu-
nications of decisions concerning registration is possible in all
official languages of the Community, hereinafter referred to as
‘official languages’.

For any communication by the Registry that affects the rights
of a party in conjunction with a registration, such as the grant,
transfer, cancellation or revocation of a domain, the Registry
shall ensure that these communications are possible in all offi-
cial languages.

The Registry shall perform the registration of domain names in
all the alphabetic characters of the official
languages when
adequate international standards become available.

The Registry shall not be required to perform functions using
languages other than the official languages.

Country names and alpha-2 codes representing countries

Member States (and acceding countries) may request that their
official name and the name under which they are commonly
known in one or more of the official languages (of the Com-
munity as extended in May 2004) shall not be registered
directly under the .eu TLD by any person other than their
national government. To that end, each Member State (or
acceding country) shall send the Commission, within two
months following the entry into force of this Regulation, a list
of those names requiring to be reserved, as well as a designa-
tion of the body that will represent the national government in
registering the names.

The Commission shall notify the Registry of the names that
shall be reserved and the bodies that represent the national
governments in registering the names.

Candidate countries that are not due to join the European
Union in May 2004 and member countries of the European
Economic Area that are not Member States may request that
their official name and the name under which they are
commonly known in their own language and in any of the offi-
cial languages as from May 2004 shall not be registered directly
under the .eu TLD. To that end, those countries may send the
Commission, within two months following entry into force of
this Regulation, a list of those names which are not to be regis-
tered.

Article 7

The Commission shall notify the Registry of the names that
shall not be registered.

Procedure for

reserved geographical and geopolitical

names

Alpha-2 codes representing countries shall not be used to
register domain names directly under the .eu TLD.

For the procedure of raising objections to the lists of broadly
recognised names in accordance with the third subparagraph of
Article 5(2) of Regulation (EC) No 733/2002, objections shall
be notified to the members of the Communications Committee
established by Article 22(1) of Directive 2002/21/EC and to the
the Commission's Directorate-General
Director-General of
Information Society. The members of
the Communications
Committee and the Director-General may designate other
contact points for these notifications.

Article 9

Second level domain name for geographical and geopoli-
tical names

Objections and designations of contact points shall be notified
in the form of electronic mail, delivery by courier or in person,
or by postal delivery effected by way of registered letter and
acknowledgement of receipt.

Registration of geographical and geopolitical concepts as
domain names in accordance with Article 5(2)(b) of Regulation
(EC) No 733/2002 may be provided for by a Member State
that has notified the names. This may be done under any
domain name that has been registered by that Member State.

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The Commission may ask the Registry to introduce domain
names directly under the .eu TLD for use by the Community
institutions and bodies. After the entry into force of this Regu-
lation and not later than a week before the beginning of the
phased registration period provided for in Chapter IV,
the
Commission shall notify the Registry of the names that are to
be reserved and the bodies that represent the Community insti-
tutions and bodies in registering the names.

CHAPTER IV

PHASED REGISTRATION

Article 11

Special characters

As far as the registration of complete names is concerned,
where such names comprise a space between the textual or
word elements, identicality shall be deemed to exist between
such complete names and the same names written with a
hyphen between the word elements or combined in one word
in the domain name applied for.

Where the name for which prior rights are claimed contains
special characters, spaces, or punctuations, these shall be elimi-
nated entirely from the corresponding domain name, replaced
with hyphens, or, if possible, rewritten.

Special character and punctuations as referred to in the second
paragraph shall include the following:

Article 10

~ @ # $ % ^ & * ( ) + = < > { } [ ] | \ /: ; ' , . ?

Eligible parties and the names they can register

Holders of prior

1.
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.

right name contains

Without prejudice to the third paragraph of Article 6, if the
prior
letters which have additional
elements that cannot be reproduced in ASCII code, such as ä, é
or ñ, the letters concerned shall be reproduced without these
elements (such as a, e, n), or shall be replaced by conventionally
accepted spellings (such as ae). In all other respects, the domain
name shall be identical to the textual or word elements of the
prior right name.

‘Prior rights’ shall be understood to include, inter alia, registered
national and community trademarks, geographical indications
or designations of origin, and, in as far as they are protected
under national law in the Member-State where they are held:
identifiers,
unregistered trademarks,
company names,
titles of
protected literary and artistic works.

family names, and distinctive

trade names, business

Article 12

Principles for phased registration

1.
Phased registration shall not start before 1 May 2004 and
only when the requirement of the first paragraph of Article 6 is
fulfilled and the period provided for in Article 8 has expired.

‘Public bodies’ shall include: institutions and bodies of the Com-
munity, national and local governments, governmental bodies,
authorities, organisations and bodies governed by public law,
and international and intergovernmental organisations.

The Registry shall publish the date on which phased registra-
tion shall start at least two months in advance and shall inform
all accredited Registrars accordingly.

2.
The registration on the basis of a prior right shall consist
of the registration of the complete name for which the prior
right exists, as written in the documentation which proves that
such a right exists.

The Registry shall publish on its website two months before
the beginning of the phased registration a detailed description
of all the technical and administrative measures that it shall use
to ensure a proper, fair and technically sound administration of
the phased registration period.

3.
The registration by a public body may consist of the
complete name of the public body or the acronym that is
generally used. Public bodies that are responsible for governing
a particular geographic territory may also register the complete
name of the territory for which they are responsible, and the
name under which the territory is commonly known.

The duration of the phased registration period shall be
2.
four months. General registration of domain names shall not
start prior to the completion of the phased registration period.

Phased registration shall be comprised of two parts of two
months each.

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During the first part of phased registration, only registered
national and Community trademarks, geographical indications,
and the names and acronyms referred to in Article 10(3), may
be applied for as domain names by holders or licensees of
prior rights and by the public bodies mentioned in Article
10(1).

Member States shall provide for validation concerning the
names mentioned in Article 10(3). To that end, the Member
States shall send to the Commission within two months
following entry into force of this Regulation, a clear indication
of the addresses to which documentary evidence is to be sent
for verification. The Commission shall notify the Registry of
these addresses.

During the second part of phased registration, the names that
can be registered in the first part as well as names based on all
other prior rights can be applied for as domain names by
holders of prior rights on those names.

The Registry shall publish information about the validation
agents at its website.

3.
The request to register a domain name based on a prior
right under Article 10(1) and (2) shall include a reference to
the legal basis in national or Community law for the right to
the name, as well as other relevant information, such as trade-
mark registration number, information concerning publication
in an official journal or government gazette, registration infor-
mation at professional or business associations and chambers
of commerce.

4.
The Registry may make the requests for domain name
registration subject to payment of additional fees, provided that
these serve merely to cover the costs generated by the applica-
tion of this Chapter. The Registry may charge differential fees
depending upon the complexity of the process required to vali-
date prior rights.

5.
At the end of the phased registration an independent
audit shall be performed at the expense of the Registry and
shall report its findings to the Commission. The auditor shall
be appointed by the Registry after consulting the Commission.
The purpose of the audit shall be to confirm the fair, appro-
priate and sound operational and technical administration of
the phased registration period by the Registry.

To resolve a dispute over a domain name the rules

6.
provided in Chapter VI shall apply.

Article 13

Selection of validation agents

Article 14

Validation and registration of applications received during
phased registration

All 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.

The Registry, upon receipt of the application, shall block the
domain name in question until validation has taken place or
until the deadline passes for receipt of documentation. If the
Registry receives more than one claim for the same domain
during the phased registration period, applications shall be
dealt with in strict chronological order.

The Registry shall make available a database containing infor-
mation about the domain names applied for under the proce-
dure for phased registration, the applicants, the Registrar that
submitted the application, the deadline for submission of vali-
dation documents, and subsequent claims on the names.

in question. The documentary evidence

Every applicant shall submit documentary evidence that shows
that he or she is the holder of the prior right claimed on the
name
shall be
submitted to a validation agent indicated by the Registry. The
applicant shall submit the evidence in such a way that it shall
be received by the validation agent within forty days from the
submission of the application for the domain name.
If the
documentary evidence has not been received by this deadline,
the application for the domain name shall be rejected.

Validation agents shall be legal persons established within the
territory of the Community. Validation agents shall be repu-
table bodies with appropriate expertise. The Registry shall
select the validation agents in an objective, transparent and
non-discriminatory manner,
ensuring the widest possible
geographical diversity. The Registry shall require the validation
agent to execute the validation in an objective, transparent and
non-discriminatory manner.

Validation agents shall time-stamp documentary evidence upon
receipt.

Validation agents shall examine applications for any particular
domain name in the order in which the application was
received at the Registry.

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The relevant validation agent shall examine whether the appli-
cant that is first in line to be assessed for a domain name and
that has submitted the documentary evidence before the dead-
line 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.

If the validation agent finds that prior rights exist regarding the
application for a particular domain name that is first in line, he
shall notify the Registry accordingly.

This examination of each claim in chronological order of
receipt shall be followed until a claim is found for which prior
rights on the name in question are confirmed by a validation
agent.

(d) if the contract with the Registry is terminated the Commis-
sion, with the cooperation of the Registry, shall take all
necessary steps to transfer the administrative and opera-
tional responsibility for the .eu TLD and any reserve funds
to such party as the Commission may designate:
in that
event, the Registry shall make all efforts to avoid disruption
of the service and shall in particular continue to update the
information that is subject to the escrow until the time of
completion of the transfer.

Article 16

WHOIS database

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 set out in the
second, third and fourth paragraphs.

the WHOIS database shall be to provide
The purpose of
reasonably accurate and up to date information about the tech-
nical and administrative points of contact administering the
domain names under the .eu TLD.

CHAPTER V

RESERVATIONS, WHOIS DATA AND IMPROPER REGISTRA-
TIONS

Article 15

Escrow agreement

1.
The Registry shall, at its own expense, enter into an
agreement with a reputable trustee or other escrow agent estab-
lished within the territory of the Community designating the
Commission as the beneficiary of the escrow agreement. The
Commission shall give its consent to that agreement before it is
concluded. The Registry shall submit to the escrow agent on a
daily basis an electronic copy of the current content of the .eu
database.

The agreement shall provide that the data shall be held by

2.
the escrow agent on the following terms and conditions:

(a) the data shall be received and held in escrow, undergoing
no procedure other than verification that it is complete,
consistent, and in proper format, until it is released to the
Commission;

(b) the data shall be released from escrow upon expiration
without
the contract
renewal or upon termination of
between the Registry and the Commission for any of the
reasons described therein and irrespectively of any disputes
or litigation between the Commission and the Registry;

(c) in the event that the escrow is released, the Commission
shall have the exclusive,
irrevocable, royalty-free right to
exercise or to have exercised all rights necessary to re-desig-
nate the Registry;

The WHOIS database shall contain information about
the
holder of a domain name that is relevant and not excessive in
relation to the purpose of the database. In as far as the informa-
tion is not strictly necessary in relation to the purpose of the
database, and if the domain name holder is a natural person,
the information that is to be made publicly available shall be
subject
the domain name
holder. The deliberate submission of inaccurate information,
shall constitute grounds for considering the domain name
registration to have been in breach of the terms of registration.

to the unambiguous consent of

Article 17

Names reserved by the Registry

The following names shall be reserved for the operational func-
tions of the Registry:

eurid.eu, registry.eu, nic.eu, dns.eu,
das.eu, coc.eu, eurethix.eu, eurethics.eu, euthics.eu

internic.eu, whois.eu,

Article 18

Improper registrations

Where a domain name is considered by a Court of a Member
State to be defamatory, racist or contrary to public policy, it
shall be blocked by the Registry upon notification of a Court
decision and shall be revoked upon notification of a final court
decision. The Registry shall block from future registration those
names which have been subject to such a court order for as
long as such order remains valid.

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Article 19

(b) holder's non-fulfilment of

the general eligibility criteria

pursuant to Article 4(2)(b) of Regulation (EC) 733/2002;

Death and winding up

(c) holder's breach of the terms of registration under Article 3.

1.
If the domain name holder dies during the registration
period of the domain name, the executors of his or her estate,
or his or her legal heirs, may request transfer of the name to
the heirs along with submission of the appropriate documenta-
tion. If, on expiry of the registration period, no transfer has
been initiated,
the domain name shall be suspended for a
period of 40 calendar days and shall be published on the Regis-
try's website. During this period the executors or the legal heirs
may apply to register the name along with submission of the
appropriate documentation. If the heirs have not registered the
name during that 40-day period, the domain name shall there-
after become available for general registration.

The Registry shall lay down a procedure in accordance with
which it may revoke domain names on these grounds. This
procedure shall include a notice to the domain name holder
and shall afford him an opportunity to take appropriate
measures.

Revocation of a domain name, and where necessary its subse-
quent transfer, may also be effected in accordance with a deci-
sion issued by an extrajudicial settlement body.

law, during the registration period of

2.
If the domain name holder is an undertaking, a legal or
natural person, or an organisation that becomes subject to
insolvency proceedings, winding up, cessation of
trading,
winding up by court order or any similar proceeding provided
for by national
the
domain name, then the legally appointed administrator of the
domain name holder may request transfer to the purchaser of
the domain name holders assets along with submission of the
appropriate documentation. If, on expiry of the registration
period, no transfer has been initiated, the domain name shall
be suspended for a period of forty calendar days and shall be
published on the registry's website. During this period the
administrator may apply to register the name along with
submission of appropriate documentation. If the administrator
has not registered the name during that 40-day period, the
domain name shall
thereafter become available for general
registration.

CHAPTER VI

REVOCATION AND SETTLEMENT OF CONFLICTS

Article 20

Revocation of domain names

The Registry may revoke a domain name at its own initiative
and without submitting the dispute to any extrajudicial settle-
ment of conflicts, exclusively on the following grounds:

(a) outstanding unpaid debts owed to the Registry;

Article 21

Speculative and abusive registrations

1.
A registered domain name shall be subject to revocation,
using an appropriate extra-judicial or judicial procedure, 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:

(a) has been registered by its holder without rights or legiti-

mate interest in the name; or

(b) has been registered or is being used in bad faith.

A legitimate interest within the meaning of point (a) of

2.
paragraph 1 may be demonstrated where:

(a) prior to any notice of an alternative dispute resolution
(ADR) procedure, the holder of a domain name has used
the domain name or a name corresponding to the domain
name in connection with the offering of goods or services
or has made demonstrable preparation to do so;

(b) the holder of a domain name, being an undertaking, orga-
nisation or natural person, has been commonly known by
the domain name, even in the absence of a right recognised
or established by national and/or Community law;

(c) the holder of a domain name is making a legitimate and
non-commercial or fair use of the domain name, without
intent to mislead consumers or harm the reputation of a
name on which a right is recognised or established by
national and/or Community law.

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Bad faith, within the meaning of point (b) of paragraph 1

3.
may be demonstrated, where:

Article 22

(a) circumstances indicate that the domain name was registered
or acquired primarily for the purpose of selling, renting, or
otherwise transferring the domain name to the holder of a
name in respect of which a right is recognised or estab-
lished by national and/or Community law or to a public
body; or

(b) the domain name has been registered in order to prevent
the holder of such a name in respect of which a right is
recognised or established by national and/or Community
law, or a public body, from reflecting this name in a corre-
sponding domain name, provided that:

Alternative dispute resolution (ADR) procedure

1.

An ADR procedure may be initiated by any party where:

(a) the registration is

speculative or abusive within the

meaning of Article 21; or

(b) a decision taken by the Registry conflicts with this Regu-

lation or with Regulation (EC) No 733/2002.

(i) a pattern of such conduct by the registrant can be

demonstrated; or

Participation in the ADR procedure shall be compulsory

2.
for the holder of a domain name and the Registry.

(ii) the domain name has not been used in a relevant way
for at least two years from the date of registration; or

(iii) in circumstances where, at the time the ADR proce-
dure was initiated, the holder of a domain name in
respect of which a right is recognised or established by
national and/or Community law or the holder of a
domain name of a public body has declared his/its
intention to use the domain name in a relevant way
but fails to do so within six months of the day on
which the ADR procedure was initiated;

(c) the domain name was registered primarily for the purpose
of disrupting the professional activities of a competitor; or

(d) the domain name was intentionally used to attract Internet
users, for commercial gain, to the holder of a domain name
website or other on-line location, by creating a likelihood
of confusion with a name on which a right is recognised or
established by national and/or Community law or a name
of a public body, such likelihood arising as to the source,
sponsorship, affiliation or endorsement of the website or
location or of a product or service on the website or loca-
tion of the holder of a domain name; or

(e) the domain name registered is a personal name for which
no demonstrable link exists between the domain name
holder and the domain name registered.

The provisions in paragraphs 1, 2 and 3 may not be

4.
invoked so as to obstruct claims under national law.

3.

A fee for the ADR shall be paid by the complainant.

4.
Unless otherwise agreed by the parties, or specified other-
wise in the registration agreement between registrar and
domain name holder,
the administrative
proceeding shall be the language of that agreement. This rule
shall be subject to the authority of the panel to determine
otherwise, having regard to the circumstances of the case.

the language of

5.
The complaints and the responses to those complaints
must be submitted to an ADR provider chosen by the complai-
nant from the list referred to in the first paragraph of Article
23. That submission shall be made in accordance with this
Regulation and the published supplementary procedures of the
ADR provider.

inform the Registry of

As soon as a request for ADR is properly filed with the
6.
the ADR
ADR provider and the appropriate fee is paid,
provider shall
the
complainant and the domain name involved. The Registry shall
suspend the domain name involved from cancellation or
transfer until the dispute resolution proceedings or subsequent
legal proceedings are complete and the decision has been noti-
fied to the Registry.

the identity of

7.
for
The ADR provider shall examine the complaint
compliance with its rules of procedure, with the provisions of
this Regulation and with Regulation (EC) No 733/2002, and,
unless non-compliance
forward the
respondent within five working days
complaint
following receipt of the fees to be paid by the complainant.

established,

to the

shall

is

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8. Within 30 working days of the date of receipt of the
complaint
the respondent shall submit a response to the
provider.

Registry. The decision shall be notified to the Registry and the
complainant by registered post or other equivalent electronic
means.

9.
Any written communication to a complainant or respon-
dent shall be made by the preferred means stated by the
complainant or respondent, respectively, or in the absence of
such specification electronically via the Internet, provided that
a record of transmission is available.

All communications concerning the ADR procedure to the
holder of a domain name that is subject to an ADR procedure
shall be sent to the address information that is available to the
Registrar that maintains the registration of the domain name in
accordance with the terms and conditions of registration.

10.
Failure of any of the parties involved in an ADR proce-
dure to respond within the given deadlines or appear to a
panel hearing may be considered as grounds to accept the
claims of the counterparty.

The results of ADR shall be binding on the parties and
13.
the Registry unless court proceedings are initiated within 30
calendar days of the notification of the result of the ADR
procedure to the parties.

Article 23

Selection of providers and panellists

for alternative

dispute resolution

The Registry may select ADR providers, who shall be
1.
reputable bodies with appropriate expertise in an objective,
transparent and non-discriminatory manner. A list of the ADR
providers shall be published on the Registry's website.

2.
A dispute which is submitted to the ADR procedure shall
be examined by arbitrators appointed to a panel of one or
three members.

11.
In the case of a procedure against a domain name
holder, the ADR panel shall decide that the domain name shall
be revoked,
if it finds that the registration is speculative or
abusive as defined in Article 21. The domain name shall be
transferred to the complainant if the complainant applies for
this domain name and satisfies the general eligibility criteria set
out in Article 4(2)(b) of Regulation (EC) No 733/2002.

The panellists shall be selected in accordance to the internal
procedures of the selected ADR providers. They shall have
appropriate expertise and shall be selected in an objective,
transparent and non-discriminatory manner. Each provider
shall maintain a publicly available list of panellists and their
qualifications.

In the case of a procedure against the Registry, the ADR panel
shall decide whether a decision taken by the Registry conflicts
with this Regulation or with Regulation (EC) No 733/2002.
The ADR panel shall decide that the decision shall be annulled
and may decide in appropriate cases that the domain name in
question shall be transferred, revoked or attributed, provided
that, where necessary, the general eligibility criteria set out in
Article 4(2)(b) of Regulation (EC) No 733/2002 are fulfilled.

The decision of the ADR panel shall state the date for imple-
mentation of the decision.

Decisions of the panel are taken by simple majority. The alter-
native dispute panel shall issue its decision within one month
from the date of receipt of the response by the ADR provider.
The decision shall be duly motivated. The decisions of the
panel shall be published.

A panellist shall be impartial and independent and shall have,
before accepting appointment, disclosed to the provider any
circumstances giving rise to justifiable doubt as to their impar-
tiality or independence. If, at any stage during the administra-
tive proceedings, new circumstances arise that could give rise
to justifiable doubt as to the impartiality or independence of
the panellist, that panellist shall promptly disclose such circum-
stances to the provider.

In such event, the provider shall appoint a substitute panellist.

CHAPTER VII

FINAL PROVISIONS

Article 24

Entry into force

12. Within three working days after receiving the decision
from the panel, the provider shall notify the full text of the
the concerned registrar(s) and the
decision to each party,

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 April 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission