EURid Ovidio/Fausto/Gabino litigation

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In July 2006 EURid blocked approximately 74,000 .eu domain names registered in the names of the three Cypriot companies Ovidio Ltd., Fausto Ltd. and Gabino Ltd., alleging that these companies and/or the registrars used for the domain registrations were hoarding them for resale.

The legal dispute about these 74,000 domain names then devided into various strands:

Provisional order of the Court of First Instance in Brussels

On 27 September 2006 the affected registrars obtained a provisional order of the Court of First Instance in Brussels, in which EURid was ordered to release the blocked domain names or else pay a fine of €25,000 per hour (!) for each (!) affected name.

These fines imposed by the court convinced EURid to follow the order and unblock the domain names.

ADR Proceeding

More or less parallel to the provisional proceedings in Brussels Fausto Ltd. and Gabino Ltd have initiated ADR proceedings with regard to some of the affected domain names. The decisions in thess ADR proceedings were rendered after the provisional court order of 27 September 2006. EURid had therefore conceded to unblock the domain names immediately after the ADR proceedings were terminated.

In the "Fausto" case, the Panel decided accordingly that EURid's decision to block the five disputed domain names should be annulled.

Rather surprisingly the Panel also ordered that the disputed domain names should be transferred to the Complainant, even though they were already registered in the name of Fausto Ltd.; it seems that this additional order of the Panel may actually be based on a mere clerical mistake.

In the "Gabino" case, the Panel decided to terminate the case, considering that the dispute that was the subject of the Complaint had been decided by the Brussels court.

Main proceedings

According to the facts described in the court's provisional decision of 27 September 2006 EURid has also summoned the affected registrars before the Commercial Court in Brussels in order to have the agreements between EURid and the registrars dissolved on the basis of a violation of Article 4 of the Registrar Agreements.