Domain name registrations can always be challenged in a regular court, but many .eu disputes are settled using the Alternative Dispute Resolution (ADR) process as outlined in European Commission regulation 874/2004 (pdf). An ADR is usually faster, often cheaper and more convenient than a traditional court case.

ADRs are handled by the Prague-based Czech Arbitration Court, an independent body selected by EURid. The Czech Arbitration Court offers its services in all official EU languages. Its rulings are legally binding, unless a losing party chooses to appeal the decision through a conventional court of law.

On average, ADRs are resolved within 4 months of being filed. If a case is resolved in favour of the complainant, use of the disputed .eu domain name is usually transferred to him or her about 30 days after a decision to allow time for an appeal.

What are valid grounds for an ADR procedure?

You can challenge the registration of any .eu domain name you believe has been registered for speculative or abusive purposes. According to article 21 of European Commission regulation 874/2004, the legal basis of the ADR procedure, a speculative or abusive registration is one in which:

• The .eu domain name registered is identical or confusingly similar to another name for which a prior right already exists, AND
• The holder of the domain name has no legitimate interest in the name OR is using it in bad faith.

How ADR works

ADR cases are unlike traditional court cases in several ways:

• Rulings are made by panellists, not judges. Panellists are drawn from a group of intellectual property experts situated throughout Europe.
• Cases are conducted online. The correspondence between all parties occurs via email.
• Cases are usually conducted in the language of the domain name holder but can be filed in any language officially recognised in the EU. Filing in another language must be approved by the panelist(s) chosen for the case and results in additional expense.
• In order for a .eu domain name to be transferred to a complainant as the result of an ADR, the complainant must be eligible for a .eu name by residing or being located within the European Union.

For more information on the ADR procedure, consult the FAQ section of the Court’s official website. Click here to view the results of resolved ADR cases, as published on eu.adr.eu.